Ashok B. Hinchigeri, J.

The dispute is over the appointment of Kazi for Afzalpur Taluk. Both the petitions are directed against the same order dated 27.2.2009 (Annexure Zin W.P.No.81366/09 and Annexure A in W.P.No.81310/09). By the impugned order, the respondent No.4 Syed Ghousuddin is appointed as Kazi of Afzalpur Taluk for 92 villages and the respondent No.3 Mohd. Hussain Siddiqui is continued as Kazi of 21 villages of Afzalpur Taluk.

2. Smt. Hema L Kulkarni, the Learned Counsel for the petitioner submits that the appointment of Kazis has to precede the consultation of the Government with the principal Mohammedan residents of the local area. She brings to my notice the provisions contained in Section 2 of the Kazis Act which are extracted herein below:

“2. Power to appoint Kazis for any local area: Wherever it appears to the (State Government) that any considerable number of the Muhammadans resident in any local area desire that one or more Kazis should be appointed for such local area, the (State Government) may, if it thinks fit, after consulting the principal Muhammadan residents of such local area, select one or more fit persons and appoint him or them to be Kazis