1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3394 OF 2011 AND WRIT PETITION NO.: 3401 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 3394 OF 2011 AND WRIT PETITION NO.: 3401 OF 2011 *** 1. Heard Advocate Shri Patil for Petitioner, Advocate Shri Shah for Respondent no.5 Shri R. B. Dhaware holding for Advocate Shri Malte for Respondent No.4 and learned A.G.P. for Respondent Nos.1 and 2. 2. Contention is Mannoj Biyani, Presidient/ Leader of Shahar Bachav Aaghadi, Bhusawal on 21st November, 2006 applied for registration of a municipal party and on next day i.e. 22nd November, 2006 withdrew that application. Hence, there was no such Aaghadi and, therefore, there was no question of petitioner giving up membership of any such municipal party. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3394 OF 2011 AND WRIT PETITION NO.: 3401 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. Learned A.G.P. as also Shri Shah are supporting the impugned order. They contend that after election and in view of provisions of Rule 3 (1) of Maharashtra Local Authority Members Disqualification Rules, 1987 read with explanation (1) to Rule 4 (1) thereof, the municipal party came before existence and its intimation to Collector is only formality. 4. The provisions of statute are very clear. Aaghadi i.e. municipal party came into existence and an obligation is cast upon the President of that municipal party to communicate its formation to respondent no.2 Collector. Withdrawal of such communication by him is not contemplated by the said Act/ Rules. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3394 OF 2011 AND WRIT PETITION NO.: 3401 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. I, therefore, do not see any substance in the petition, as filed. Petition is rejected. No costs. [B.P.DHARMADHIKARI, J.] Dated:2/05/2011. ans/3394