DESHMUKH D.K.,J.: - By this Petition, the petitioner challenges the order passed by the Additional Municipal Commissioner, Western Suburbs of the Mumbai Municipal Corporation dated 8th January, 2004. By that order, the Additional Municipal Commissioner, respondent No.2 in this Petition, has held that the respondent No.3 is not disqualified to be a Councillor of the respondent No.1, the Municipal Corporation because of the provisions of section 16(1-D) of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as "the Act"). The facts that are material and relevant for deciding this petition are as under :-

That the petitioner filed Writ Petition No. 1275 of 2003 in this Court. By that petition, the petitioner sought direction to the respondent No.1 - Municipal Corporation to evolve a procedure to enable the aggrieved person to approach the designated Competent Authority with complaint against Councillors who are disqualified to be Councillor under section 16(1-D) of the Act. It may be pointed out that section 16(1-D) of the Act incorporates a provision for disqualifying a person from being a Councillor of the respondent No. 1 Municipal Corporation if such Councillor has

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