1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 2998/2010. Kundan Babanrao Zade and another. -: VERSUS :- State of Maharashtra and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 26, 2010. Heard Shri M.A. Vaishnav, learned counsel for petitioners and learned A.G.P. for respondent nos. 1 and 2. Learned counsel states that petitioner no.1 has ceased to be nominated member of the Municipal Council and hence proceedings under Section 44[3] of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 seeking his disqualification are unsustainable. According to him preliminary objection raised in this respect ought to have been allowed by the Collector and the revision preferred against order dated 07.01.2009 passed by the Collector could have been rejected 2 by the Additional Commissioner. However, he further states that petitioner no.2 is a sitting member of the Municipal Council. It is apparent that the preliminary objection raised in relation to the status of the petitioner no.1 can be looked into while considering the matter finally. The petitioners cannot be permitted to avoid the scrutiny of merits of the controversy, in so far as the petitioner no.2 is concerned, by such tactics. I, therefore, do not find any reason to interfere in this Writ Petition challenging interlocutory orders. Writ Petition is therefore rejected. No costs. JUDGE Rgd.