1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3743 OF 2008 Manoj Bansilal Biyani, age: 38 years, Occ: Business, R/o Professor Colony, Bhusawal. Petitioner Versus 1 Smt.Shaikh Salma Irfan, age: years, Occ: R/o Agwali Chawl, Near Police Chowki No.7, Bhusawal, District Jalgaon. 2 The Collector, Jalgaon. Respondents Mr.P.M.Shah, Senior Counsel holding for Mr.S.P.Shah, advocate for the petitioner. Respondent No.1 served. Mr.V.B.Ghatge, A.G.P. for Respondent No.2 CORAM: R.M.BORDE, J. DATE : 15th April, 2010. ORAL JUDGMENT: 1 Heard learned Counsel for respective parties. Rule, made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 Petitioner herein is raising exception to the order passed by Collector, Jalgaon on 14 th May 2008, dismissing the Reference presented by petitioner under the provisions of Maharashtra Local Authority Members’ Disqualification Act, 1986 and Rules framed thereunder. 3 Reference has been turned down on the ground that same does not comply with requirement of Rule 6 of the Rules and as such in view of Rule 2 7(2) of the Maharashtra Local Authority Members’ Disqualification Rules, 1987, it need not be entertained. The Collector has, thus, held that disqualification Reference fails due to non compliance of Rule 6(4) read with Rule 7(2) of the Rules of 1987. The order passed by Collector, Jalgaon, dismissing the Reference under Rule 7(2) of the Rules is subject matter of challenge in this petition. 4 This Court has taken a view that provisions of Rule 7(2) of the Rules of 1987 shall have to be construed directory and non compliance of Rule 6(4) of Rules of 1987 would not entail any consequence of automatic dismissal of the Reference. The defects, which are essentially procedural aspects, are curable and petitioner needs to be given an opportunity to cure the defects. Reference cannot be turned down on the ground of non compliance of provisions of Rule 6 of Rules of 1987. 5 For the reasons recorded in the judgment passed today in Writ Petition No.3875 of 2009 & connected matters, this petition needs to be allowed and same is accordingly allowed. The order passed by Collector, Jalgaon on 14 th May 2008 in Application No.10 of 2007 is quashed and set aside. The Collector, Jalgaon, is directed to proceed to decide the issue referred to him in the Reference presented by petitioner, in accordance with the provisions of Maharashtra Local Authority Members’ Disqualification Act, 1986 and Rules framed thereunder. 6 Rule is accordingly made absolute. In the facts and circumstances of this case, there shall be no order as to costs. (R.M.BORDE) JUDGE ******* adb/wp374308