117 WP-5161-2026 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.5161 OF 2026 [Mohammad Akram Shaikh Imam .vs. The District Collector, Akola and Others] _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri. Ram Karode, Advocate for Petitioner. Shri. D. P. Thakare, Addl. G. P. for Respondents/State. Shri. Moin Khan, Advocate for Caveator (through V.C.). CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 7 th JULY, 2026 . . Heard Shri. Ram Karode, learned counsel for petitioner, Shri. D. P. Thakare, learned Additional Government Pleader for respondents/State and Shri. Moin Khan, learned counsel for respondent Nos.2 and 3/Caveator. 2. Shri. Karode, learned counsel for petitioner, at the outset seeks leave of this Court to delete the prayer Clause (i). Permission granted. 3. Necessary amendment to be carried out forthwith. 4. The contention is that the petitioner is the duly elected Councillor of Balapur Municipal Council. On 30.12.2025, respondent Nos.2 and 3 have filed election petition under Section 21 of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as, “the aforesaid Act” for the sake of brevity), alleging therein that the petitioner has more than two children and thereby seeking setting aside of his election. Shri. Karode, learned counsel for petitioner, submits that on 02.06.2026, 2026:BHC-NAG:8525-DB 117 WP-5161-2026 2 respondent No.3 filed an application under Section 44 read with Section 16 of the aforesaid Act seeking disqualification of the petitioner on the same ground. 5. In view of the aforesaid fact, the petitioner on 01.07.2026 had filed an application before the Collector, Akola, for grant of stay of the aforesaid proceedings as the issue involved in both the proceedings was same and the matter was being considered by the learned Civil Court. 6. Shri. Karode, learned counsel, relies upon the judgment of this Court in the case of Umesh Deorao Pawale vs. State of Maharashtra, reported in 2019(6) ABR 498, wherein this Court has held that power to disqualify Councillor on above ground vests in the Judge, Commissioner has no power to take up the matter on his own and disqualify Councillor. The Collector, Akola, has denied the aforesaid application by writing a single word “denied”. The aforesaid application is at record page No.138 alongwith endorsement of denial by the Collector. 7. In view of the above, we dispose of the present writ petition with a direction to respondent No.1 - the District Collector, Akola, to consider and decide the petitioner’s application dated 01.07.2026 for grant of stay of the proceedings, which is at record page No.138, on its own merits and in accordance with law, and more specifically in view of the law enunciated by this Court in Umesh Deorao Pawale (supra) and pass a reasoned order, within a period of four weeks from the date of production of order of this Court. While deciding the aforesaid application, respondent No.1 shall hear all the necessary parties. 117 WP-5161-2026 3 8. The decision taken thereupon shall be communicated to the petitioner within a period of two weeks from the date of such decision. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) TAMBE