1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5083 OF 2009 Vijay Karbhari Jadhav ..Petitioner V/s. The Collector, Nashik & ors ..Respondents Mr.M.S.Karnik, Advocate, for the petitioner Mr.V.P.Malvankar, Assistant Government Pleader, for respondent No.1  State CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 29TH JULY, 2009 P.C. . Heard the learned counsel for the parties. 2. The petitioner is the Councillor of Sinnar Municipal Council. He claims that he was leader of Sinnar Shahar Vikas Aghadi. He has issued Whip. That Whip was allegedly disobeyed by respondent Nos.3 to 12 and, therefore, he has initiated the proceedings under Section 3(1)(b) of the Maharashtra Local Authority Members 2 Disqualification Rules, 1986 ( Hereinafter, for the sake of brevity, referred to as the said Rules ) before the Collector, Nashik, on 17th February, 2009. Thereafter, no steps regarding hearing and disposal of the application have been taken by respondent No.1 on merits and in accordance with law. 3. Mr.V.P.Malvankar, Assistant Government Pleader for respondent No.1, states that the application will be heard as early as possible since no relief is claimed against respondent Nos.3 to 12 in this Writ Petition. We are of the view that looking to the nature of the Order that is required to be passed, notice is not required to be issued to them. 4. We accept the statement of Mr.V.P.Malvankar, Assistant Government Pleader for respondent No.1 that respondent No.1  the Collector, Nashik will dispose of the application 3 after hearing both the parties as early as possible. 5. Considering that such applications are required to be disposed of as expeditiously as possible by the Collector, Nashik, exercising jurisdiction vested in him in accordance with law. If such applications are not decided expeditiously, the disqualified members continue to be members of the Municipal Council, which is not permissible in Law. 6. We, therefore, direct the Collector, Nashik to dispose of the said application as expeditiously as possible in accordance with law preferably within a period of 12 weeks. 7. The Writ Petition is disposed of accordingly. ( R.M.SAVANT, J.) ( S.B.MHASE, J. ) 4