*1* wp.5087.11.912.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5087 OF 2011 Jeevan Chandrabhan Idnani and another. ..Petitioners -Versus- Divisional Commissioner, Konkan Division and others. ..Respondents .......... Mr.L.M.Acharya i/b Ranvir Shekhawat, for the Petitioners. Mr.A.A.Kumbhakoni with Mr.A.M.Kulkarni, for the Respondent Nos.4 to 7 and 9 to 11. Ms.P.S.Cardozo, AGP, for the Respondent Nos.1 and 3. Mr.Suresh M. Kamble, for the Respondent No.2. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 09th August, 2011. P.C.: 1 Heard Mr.Acharya, learned counsel appearing for the Petitioners and the learned AGP appearing on behalf of the Respondent Nos.1 and 3, so also, Mr.Kamble, learned counsel appearing for the Respondent No.2 and Mr.Kumbhakoni, learned counsel appearing for the Respondent Nos.4 to 7 and 9 to 11. 2 Mr.Acharya states that all Respondents are duly served and the proof of service on the Respondent No.8 is also produced. 3 Having heard all counsel and perusing with their assistance the impugned order, I find that a petition seeking to disqualify the members/councillors of the Ulhasnagar Municipal Corporation under section 3(1)(a) of the Maharashtra Local Authority Members’ Disqualification Act, 1986 has been dismissed only for non compliance of the procedural provisions. By now it is well settled that rules 6(1) and 7 *2* wp.5087.11.912.sxw of the Maharashtra Local Authority Members’ Disqualification Rules, 1987 are not mandatory, but are directory in nature. If any judgment is required for this proposition suffice it to refer to a decision of the Honourable Supreme Court in the case of Kedar Shashikant Deshpande v/s Bhor Municipal Council reported in AIR 2011 SC 463. There is no decision contrary to this latest decision and going by the law laid down therein, the impugned order dated 29.04.2011 passed by the Divisional Commissioner, Konkan Division cannot be sustained. 4 The Divisional Commissioner should have given opportunity to the Petitioners to cure the defects, if any, as the provisions in that behalf are directory. In these circumstances, while setting aside the impugned order, it is directed that if the procedural issues are rectified within a period of four weeks from today, the application seeking to disqualify the concerned councillors (eight in number) shall be heard and decided on merits and in accordance with law as expeditiously as possible thereafter. All contentions of both sides are kept open. 5 The Writ Petition is, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)