1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3438/2008 [Krushnarao Sitaram Rathod .vrs. The Additional Commissioner, Amravati Division, Amravati and others] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mrs. B.P. Maldhure, Advocate for the petitioner, Mrs. T.D. Khade, AGP for respondent no.1, Mr. A.P. Tathod, Advocate for respondent nos.2, 4 and 5, Mr. Pradeep Mahalle, Advocate for respondent no.3, Mr. R.D. Wakode, Advocate for respondent no.6. .......... CORAM : J.H. BHATIA, J. DATED : FEBRUARY 25, 2009. 1. Heard the learned counsel for the parties. 2. Read the reply filed on behalf of respondent nos.2, 4 and 5 on affidavit of respondent no.5. The present petitioner had filed an application for declaration that respondent no.3 was disqualified for being a member of Zilla Parishad, Washim because in spite of service of notice of demand bill of the property tax issued by the Secretary, Gram 2 Panchayat, he had not made the payment within the stipulated time. Additional Commissioner, Amravati rejected the application and that order is challenged in the present petition. 3. The elections were held in the year 2003 for Zilla Parishad, Washim. As per the reply of respondent nos.2, 4 and 5, fresh elections for Zilla Parishad, Washim have been held in the month of November and the new body was constituted in the month of November, 2008. Admittedly, respondent no.3 did not contest the election held in 2008 and he is also not a member of Zilla Parishad, Washim. The disqualification under Section 16(1)(k) of the Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961 for non payment of tax is only for that particular term and it does not disqualify the person for being re-elected afterwards. In view of above, this petition has become infructuous and the petition stands disposed of. JUDGE Gulande