1 W.P.No.4017/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4017 OF 2010. Chiragoddin S/o Izaboddin Jahagirdar, Aged 67 years, Occ.Business, R/o Azad Chowk, Chopada, Dist.Jalgaon. ... Petitioner. Versus 1. The State of Maharashtra through the Divisional Commissioner, Nasik Division, Nasik so also the Regional Director, Municipal Administration, Nasik. 2. The District Collector, Jalgaon. 3. The Municipal Council, through its President/ Chief Officer, Municipal Council, Chopda. 4. Sau. Tarabai W/o Diliprao Patil, Aged major, Occ.Household, 5. Mahendra S/o Vinayakrao Patil, Aged major, Occ.Doctor, 6. Suresh S/o Magan Badgujar, Aged major, Occ.Agri., 7. Bhupendra S/o Natwarlal Gujrathi, Aged major, Occ.Agri. 8. Pramod S/o Bhagwatrao Patil, 2 W.P.No.4017/10 Aged major, Occ.Agri., 9. Adv. Dharmendkumar S/o Suresh Sonar, Aged major, Occ.Legal Practitioner. 10. Gopal S/o Bhagwatrao Patil, Aged major, Occ.Agri., 11. Ramesh S/o Dnyanoba Shinde, Aged major, Occ.Agri., 12. Jitendra S/o Tatyasaheb Deshmukh, Aged major, Occ.Agri., 13. Sau. Sushilabai W/o Magan Bhalerao, Aged major, Occ.Household, 14. Smt.Radhabai W/o Jaydeo Deshmukh, Aged major, Occ.Agri & household, 15. Smt.Manjulabai W/o Villabhdas Gujrathi, Aged major, Occ.Household, 16. Dr.Sushilabai W/o Villabhdas Gujrathi, Aged major, Occ.Doctor The Respondent Nos.5 to 17 are Municipal Council Members, Hence notices to be served to Municipal Council at Chopda, Dist.Jalgaon. ... Respondents. ... Mr.V.B.Patil, advocate for the petitioner. Mr.S.B.Pulkundwar, Asstt.Govt. Pleader for Respondent Nos.1 and 2. Mr.R.N.Dhorde, advocate for Respondent Nos.4 to 16. ... CORAM : S.V.GANGAPURWALA,J. Date : 03.10.2011. 3 W.P.No.4017/10 ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. The present Respondents had filed a complaint before the Collector, Jalgaon, challenging the Resolution passed in favour of the petitioner i.e. the petitioner being chosen as representative in APMC of the Municipal Council. The Collector rejected the said complaint. Aggrieved thereby, an appeal was filed before the Divisional Commissioner. The Divisional Commissioner allowed the same. Aggrieved thereby, the present petition is filed. 4. In the present petition, this Court on 3.5.2010 had granted ad-interim relief in terms of prayer clause (D). Thereby stayed the judgment and order passed by the Divisional Commissioner. 4 W.P.No.4017/10 5. Mr.Patil, learned counsel for the petitioner relying on the copy of the Resolution and the proceedings of the meeting dated 20.2.2009, submits that the Resolution was passed in favour of the petitioner. Same was also confirmed in the subsequent meeting. Now in such circumstances, it can not be said that the said proceedings are incorrect. 6. Mr.Dhorde, learned counsel for the Respondent submits that the subsequent meeting has not been held and all the proceedings are ante dated. No such subsequent meeting has taken place. 7. On query being made, it is submitted by the learned counsel that these documents were never produced before the Collector and for the first time, they are produced in the present petition. Mr.Dhorde, learned counsel submits that as all these documents were not produced before the authority below, the Respondent did not have an opportunity to object the same. 5 W.P.No.4017/10 8. Taking into account, the rival contentions and the fact that the said documents on the basis of which the election of the petitioner as a representative to the APMC is substantiated are not before the authority, I deem it appropriate to relegate the parties before the Collector, Jalgaon, who shall decide the complaint made U/s 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, afresh. 9. In the result, the orders passed by the Collector, Jalgaon and the Addl. Commissioner, Nasik, are quashed and set aside. The parties are relegated before the Collector, Jalgaon who shall decide the proceedings filed by the present Respondents U/s 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, afresh. The parties shall appear before the Collector,Jalgaon on 17.10.2011. The Collector, Jalgaon shall thereafter, decide the said proceedings within a period of two (2) months. The parties are at liberty to produce the documents in support of their contentions and 6 W.P.No.4017/10 file their say. 10. Rule made absolute in above terms. (S.V.GANGAPURWALA,J.) asp/office/wp4017.10