JUDGMENT - KHANWILKAR A.M., J.: - Heard Counsel appearing for the parties.

2.Rule. Rule made returnable forthwith, by consent. Mr. Sabrad waives notice for respondents 1 and 2 in Writ Petition No. 2465/04 and Civil Application No. 1839/04 and for respondent No. 1 in Civil Application No. 1840/04. Mr. Khemani, A.G.P. waives notice for respondent No. 3 in Writ Petition No. 2465/04 and Civil Application No. 1839/04 and for respondent No. 2 in Civil Application No. 1840/04. Mr. Shaikh waives notice for Intervenor Applicant in Civil Application No. 1840/04.

3.As short question is involved, the matter is heard for final disposal forthwith, by consent.

4.This writ petition takes exception to the decision of the Municipal Commissioner, Malegaon Municipal Corporation, Malegaon dated February 23, 2004. The principal question involved in this petition is: whether the Commissioner had jurisdiction to declare that the petitioner has incurred disqualification from being continued as Councillor under section 10(1)(a) of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as 'the Act'). The question is concluded by the recent unreported decision of this Court in Writ Petit

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