(1) WP. 6059.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6059 OF 2010 Balu Gulabrao Shirke .. PETITIONER VERSUS The State of Maharashtra and ors. .. RESPONDENTS Mr. S.B. Gorde Patil, Advocate for the Petitioner Mr. D.R. Korde, AGP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 13TH JULY, 2010 ORAL ORDER:- 1. Heard learned counsel. The respondent no.5 was held as disqualified member of the Municipal Council and thereafter election programme was declared in respect of election for ward no.18 on the basis of the vacancy created due to such disqualification. It appears that by impugned order dated 26.5.2010 the Collector's order was temporarily stayed. Resultantly, declared election had been stalled and the programme is revoked. The granting of such ad-interim stay after lapse of about five (5) (2) WP. 6059.2010 months was itself rather uncalled for. Still, however, till the impugned order is rendered in exercise of discretionary powers, it is difficult to interfere with the same in the exercise of the extra- ordinary jurisdiction. The Petition is therefore dismissed. The Hon'ble Minister shall however decide the matter within a period of three (3) months as far as possible. The matter may be given priority because the disqualification of the respondent no.5 is ordered on the ground that he caused encroachment over the public property. Sd/- [V.R. KINGAONKAR, J.] arp