(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6869 OF 2009 1. Kharat Sahebrao Narayanrao, 2. Bagwan Tamijabi Shaikh Ahemad, 3. Shaikh Khursheed Ahemad Gulam Jilani. .. Petitioners. versus 1. The State of Maharashtra. 2. The Collector, Jalna. 3. Gude Suresh s/o. Ramchandra. 4. Bhore Kailash s/o. Kadajirao. 5. Municipal Council, Ambad, through its Chief Officer. 6. Returning Officer/Presiding Officer, for the election of President and Vice-President, Municipal Council, Ambad, for the election held on 20-6-2009. .. Respondents. .......................... Mr. N.S. Deshpande, Advocate, for the petitioners. Mr. V.B. Ghatge, Assistant Government Pleader, for respondent nos.1 and 2. (2) Mr. S.S. Tope, Advocate, for respondent nos.3 and 4. .......................... W I T H WRIT PETITION NO. 7290 OF 2009 1. Rajendra Bhausaheb Deshmukh. 2. Dilip Bhagwanrao Deshmukh. 3. Sheshrao Saluba Sapkal. 4. Sau. Saraswatibai w/o. Sahebrao Ingle. 5. Sau. Laxmibai w/o. Rajendra Devre. 6. Kadri Mohd. Shafique Mohd. Jahur. .. Petitioners. versus 1. The Collector, Jalna, District Jalna. 2. Municipal Council, Bhokardan, Dist. Jalna, Through its Chief Officer. 3. Chine Mukhesh s/o. Ramchandra. .. Respondents. ........................... (3) Mr. M.S. Deshmukh, Advocate, for the petitioners. Mr. V.B. Ghatge, Assistant Government Pleader, for respondent no.1. Mr. B.S. Deokar, Advocate, for respondent no.2. Mr. V.D. Patnoorkar, Advocate, for respondent no.3. ............................... W I T H WRIT PETITION NO. 7313 OF 2009 1. Brijlal s/o. Ramvilas Holani. 2. Ankush s/o. Bhaguji Telgad. .. Petitioners versus 1. The State of Maharashtra. 2. The Collector, Jalna. 3. Vinayak s/o. Manikrao Kale. .. Respondents. ......................... (4) Mr. N.S. Deshpande, Advocate, for the petitioners. Mr. V.B. Ghatge, Assistant Government Pleader, for respondent nos.1 and 2. Mr. N.J. Pahune Patil, Advocate, for respondent no.3. .......................... CORAM : B.R. GAVAI, J. DATE : 23RD NOVEMBER 2009. COURT'S ORDER : 1. The petitioners have filed these petitions raising a ground that though in view of Rule 7 of the Maharashtra Local Authorities Members Disqualification Act, 1987, the Collector is required to decide preliminary objection first, before proceeding with the main proceedings, the Collector without deciding the preliminary objection raised by the petitioners, has proceeded to hear the main proceedings on merits. 2. The learned Assistant Government Pleader appearing for the respondent State has placed on record a communication addressed by the Collector, Jalna, dated 17th November 2009, wherein it is stated that in the matter of one Suresh Ramchandra Gudhe and Kailash Kadajirao Bhore, the main proceedings would be proceeded only after the preliminary objections are decided. The said communication is taken on (5) record and marked as "X" for identification. 3. Mr. V.B. Ghatge, learned Assistant Government Pleader appearing for the respondent State, on instructions from Mr. Avinash Pathak, who is Resident Deputy Collector, Jalna, makes a categorical statement that the same procedure would be adopted by the Collector, Jalna, in all the cases out of which the present petitions arise. 4. In that view of the matter, grievance of the petitioners no more survives. The petitions are, therefore, disposed of. ( B.R. GAVAI ) JUDGE ......................... bgp/wp6869etc