1wp-1793-10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1793 OF 2010 Sachin Ashok Harnaskar ...Petitioner. vs. The State of Maharashtra and others ...Respondents. Mr Vijay Patil i/b Manoj Patil for the Petitioner. Mr S.N. Patil, A.G.P.,for Respondent Nos. 1 to 3. Mr Milind More, Advocate for Respondent No.4. Mr Satyam Acharya, Advocate for Respondent No.5. **** CORAM: D.K.DESHMUKH AND A.R.JOSHI, JJ. DATED: 8TH MARCH,2010 P.C.: 2wp-1793-10 1. The Motion of no-confidence was moved against the respondent No.5 who was the President of Municipal Council, Taluka Bhor, District Pune. 2. It appears that the proceedings were initiated against six Councillors before the Collecor for declaring them as disqualified under the provisions of the Maharashtra Local Authority Members Disqualification Act, 1986. A petition was filed against the notice of motion of no- confidence in this Court being W.P. No.66/2010. That petition was disposed of by an order dated 5.1.2010. This Court held that the notice of no- confidence moved against Respondent No.5 cannot be interfered with. But it was made clear that validity of the resolution that may be passed in the meeting shall be subject to the result of the petition that was pending against the Councillors regarding their disqualification. Thereafter, the motion of no-confidence was passed against the Respondent No.5. Disqualification proceedings which were pending before the Collecor were decided by him by the order dated 21.1.2010.He 3wp-1793-10 held that those Councillors are disqualified with effect from 23.12.2009. The date of the meeting when Motion of no-confidence was passed is 6.1.2010. That order was also challenged before this Court that was Writ Petition No. 971/2010. That writ petition was dismissed by this Court. Now, the Collecor has made an order that as according to his order dated 21.1.2010 six Councillors of the Municipal Council were held to have been disqualified with effect from 23.12.2009, the Motion of No-Confidence passed on 6.1.2010 removing the Respondent No.5 from the office of President of the Municipal Council cannot be said to have been validly passed. This petition is directed against that order. The order dated 8.2.2010 which is impugned in this petition, is the consequence of the order dated 21.1.2010 passed by the Collector holding that the six Councillors have incurred disqualification with effect from 23.12.2009. The order was passed by this Court on 5.1.2010 in W.P. No.66/2010, wherein this Court has said that the resolution 4wp-1793-10 passed against Respondent No.5 shall be subject to the result of the petition seeking order of disqualification. In our opinion, therefore, there is no room to interfere with the order. Petition is therefore, rejected. (JUSTICE D.K.DESHMUKH) (JUSTICE A.R.JOSHI)