1 wp4190.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 4190 OF 2009 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri P.V. Barde, Advocate for the petitioner Shri V.B. Ghadge, A.G.P. for the respondent/State Shri P.D. Bachate, Advocate for the respondent nos. 2 to 5 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. Date : 9th August, 2011. . The petitioner claims to be a group leader of the Nationalist Congress Party. He claims that the respondent nos. 2 to 5 were elected on Nationalist Congress Party tickets. He has submitted the information as required to the Collector in accordance with Rule 3 of the Maharashtra Local Authority Members Disqualification Rules, 1987 (hereinafter referred to as "the Rules"). According to the petitioner, the Collector has illegally refrained from making an entry in the register maintained by him. As a consequence, Respondent nos.2 to 5 would be disqualified. It is submitted on behalf of the petitioner that the petitioner being a group leader has furnished the information as 2 wp4190.09 required under Rule 3 of the Rules and has complied with his duties under Rule 3 & therefore, the Collector ought to have made an entry in the register maintained in accordance with Rule 5 of the Rules. 2. We have perused the impugned order passed on 5th January, 2009, in which the Collector has informed the petitioner that unless the respondent nos.2 to 5 fill in the Form-III as required under Rule 4, the relevant entries cannot be made in the Registrar in consonance with Rule 5. 3. In our opinion, the Collector has not committed any error, while passing this order. Rule 3 and 4 cannot be read in isolation. These Rules require the group leader to furnish the information about the members of each group in a local body or Zilla Parishad. It must be furnished along with the information to be supplied by the Councillor or a member of the Zilla Parishad. In case the Councillors or Members of the Zilla Parishad fail to comply with Rule 4, they may incur a disqualification. However, we are not concerned with this issue as to whether the respondent nos. 2 to 5 would be disqualified. The only issue before us is whether the 3 wp4190.09 Court can compel the elected Councillor or a Member of the Zilla Parishad to furnish the information to the Collector as per Rule 4. In our opinion, the answer must be in the negative. 4. It is only when such information is furnished to the Collector that entries are to be made in the register in compliance with Rule 5 of the Rules. In our opinion, therefore, the Collector has not committed any error in passing the impugned order. 5. The Writ Petition is dismissed. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/wp4190.09