1 Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7411 of 2008 Umesh Shrikant Shetye & Ors )..PETITIONERS Vs. 1.The State of Maharashtra & Ors.. )..RESPONDENTS Mr. Rajeev Patil, Senior Counsel with Mr. R.K. Mendadkar and S.H.K. Mandlik for petitioners Mr. C.J. Sawant, Senior Counsel with Mr. P.D.Dalvi for Respondent No.4. Mr. Niranjan Mogre, for Respondent No.5. Mr. V.A. Sonpal, A.G.P. For Respondent Nos. 1 to 3. CORAM : FERDINO I. REBELLO & J.H. BHATIA, JJ. DATED : 18TH JUNE, 2009 P.C. 1. Rule. By consent of the parties heard forthwith. 2. The petitioners herein who were members of the N.C.P. 2 merged into Shiv Sena Municipal Party. The respondent No.4 filed an Application for their disqualification. That was on the ground that at the time of merger, they did not constitute 2/3 rd of the party. 3. In Writ Petition bearing Writ Petition No.7391 of 2008 we have held that the merger of Respondent Nos. 3 to 10 therein, into N.C.P. was valid. Once that be the case, the finding recorded that the merger by the respondents herein with Shiv Sena was illegal, cannot be faulted. Even otherwise the petitioner Nos. 1 and 2 have been disqualified pursuant to not obeying the whip. That was subject matter of Writ Petition No. 7392 of 2007. For the aforesaid reasons Rule discharged. There shall be no order as to costs. (J.H. BHATIA,J.) (FERDINO I. REBELLO,J.)