*1* wp.6475.11.nob.chber.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6475 OF 2011 Sau.Ratnaprabha Balasaheb Gaikwad. ..Petitioner -Versus- State of Maharashtra and others. ..Respondents .......... Mr.D.V.Sutar, for the Petitioner. Mr.S.N.Bhosale, AGP, for the Respondent Nos.1 and 2/State. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 10th August, 2011. P.C.: 1 Mentioned. Not on board. 2 This matter was mentioned by Mr.Sutar, learned counsel appearing for the Petitioner, on account of urgency. He stated that the impugned order is passed on 03.08.2011 by the Collector, Kolhapur disqualifying the Petitioner under section 45(4) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 for non payment of taxes. Mr.Sutar submits that an appeal under sub- section (5) of section 45 is filed before the State Government, but because of the assembly session nobody is available to take up the stay application therein. Now, the Petitioner who is functioning as Vice President of the Respondent No.3 (Kurundwad Municipal Council) having been disqualified, a meeting is convened to fill up the vacancy on 12th August, 2011 (Friday). 3 Mr.Sutar makes a further grievance that before the order was passed under sub-section (4) of section 45, the Collector did not hear the *2* wp.6475.11.nob.chber.sxw Petitioner. There are contested issues inasmuch as the house property does not stand in the name of the Petitioner, but her husband Balasaheb Gaikwad. In such circumstances, this is a fit case for grant of ad- interim/interim relief, particularly staying the meeting for filling up the vacancy caused by disqualification of the Petitioner. 4 When this matter was moved, the learned AGP was directed to take instructions as to whether, the application for stay in the pending appeal could be taken up before 12th August, 2011 or otherwise. The instructions received by the learned AGP are not definite and clear inasmuch as it is not indicated as to whether, the application for stay in the pending appeal will be decided on or before 12th August, 2011. 5 Having heard both sides and bearing in mind that the Petitioner stands disqualified, an appeal is provided against such an order to the State Government which appeal is already filed together with the stay application, but before 12th August, 2011 (Friday) there is no likelihood of either the appeal or stay application being heard and disposed of, this is a fit case to grant interim protection to the Petitioner pending disposal of the appeal filed in terms of section 45(5) of the Act. Hence, the following order:- (a) The Appellate Authority is directed to dispose of the pending appeal as expeditiously as possible and before 09th September, 2011. (b) Bearing in mind the serious issues raised in the Writ Petition and considering that the disqualification has serious consequences, it is directed that the Collector, Kolhapur shall not take further steps in pursuance of the order dated 03.08.2011 including to fill up the vacancy caused by disqualification of the Petitioner. The Collector shall await the *3* wp.6475.11.nob.chber.sxw final decision of the State Government in the pending appeal. (c) The interim protection in the aforesaid terms shall continue till the hearing and final disposal of the appeal before the State Government. (d) All contentions in relation to the disqualification application and appeal are kept open. (e) The Writ Petition is disposed of in the above terms with no order as to costs. (f) All concerned to act on an authenticated copy of this order. (S.C. Dharmadhikari, J)