1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3060 OF 2008 Mohammed Mustaqueen Mohd. Mustafa. ..... ..... Petitioner. Versus State of Maharashtra & Ors. ..... ....... Respondents. Mr. A. S. Kode i/by M/s. Jay & Co., for the petitioner. Mrs. J. S. Pawar, Addl. G.P. for Respondent Nos.2 and 3. CORAM : BILAL NAZKI and S. S. SHINDE, JJ. DATED : 19TH JUNE, 2008. P.C.: The case of the petitioner is that although the persons were elected to be members of the School Board Committee of respondent no.1, the Government has not published the list as contemplated in the Act. Therefore, the petitioner has sought a direction to the Government that they should publish the list of the elected members of the School Board Committee of respondent no.1. Counter affidavit has been filed by the State in which it is stated that in terms of sub-section (4) of Section 4 of the Bombay Primary Education Act, 1947 the Government can nominate three members to the Committee i.e. One Government official and two non-Government members. When the list of elected members was received, the Government started 2 process of nominating its members. It nominated two persons as private members but later on was informed that both of them had criminal background and criminal cases were pending against them. Therefore, the Government shall reconsider the nomination of these two persons. On other facts about the election and having received list of elected members there is not dispute. The Government has sought 12 weeks time to finalise the list and nominate its members so that the final list is published. 2. After hearing the learned Counsel for the parties, we feel that the time of six weeks would be sufficient for the Government to nominate its members to the Committee and get the list published in accordance with the Rules. 3. With the above direction the writ petition is disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (S. S. SHINDE, J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1143 OF 2008 IN WRIT PETITION NO. 3060 OF 2008 Ateeque Ahmed Kamal Ahmed. ..... ..... Applicant. Versus Mohammed Mustaqueen Mohd. Mustafa & Ors. ....... Respondents. Mr. N. R. Bubna for the Applicant. Mr. A. S. Kode i/by M/s. Jay & Co., for Respondent No.1. Mrs. J. S. Pawar, Addl. G.P. for Respondent Nos.3 and 4. CORAM : BILAL NAZKI and S. S. SHINDE, JJ. DATED : 19TH JUNE, 2008. P.C.: This application has been moved by an Intervener. According to him no election had taken place and the elections were void and members who have been elected were not at all elected. These are the matters which cannot be gone into by this court in its writ jurisdiction. Learned Counsel for the applicant submits that he has also filed an election petition. In that case, the applicant will have to wait for redressal of his grievance till the election 4 petition is decided. 2. The civil application is accordingly dismissed. Sd/- (BILAL NAZKI, J.) Sd/- (S. S. SHINDE, J.)