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2021 Supreme(SC) 466

L.NAGESWARA RAO, B.R.GAVAI
Sau. Sangeeta W/o Sunil Shinde – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
For the Petitioner(s).:Sanjay Kharde, Satyajeet Kharde, Sunil Kumar Verma, Advocate
For the Respondent(s):Ravindra Keshavrao Adsure, Sidheshwar Namdev Biradar, Yash Prashant Sonavane, Yogesh Ramesh Joshi, Sachin Patil, Rahul Chitnis, Aaditya A. Pande, Geo Joseph, Advocates

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The appellant has approached this Court being aggrieved by the judgment and order dated 30.3.2021 passed by the Division Bench of the High Court of Judicature at Bombay, bench at Aurangabad, thereby dismissing the writ petition challenging the order passed by the District Collector, Ahmednagar dated 6.1.2020 whereby the District Collector has granted approval to the selection of respondent No. 3 – Dr. Vandana Dnyaneshwar Murkute as Gatneta (Group Leader) of the Indian National Congress, Shrirampur Panchayat Samiti Party (hereinafter referred to as ‘INCPS Party’).

3. The facts, in brief, giving rise to the present appeal are as under:

The appellant along with respondent Nos. 3, 4 and 5 were elected as members of the Panchayat Samiti, Shrirampur in the elections, which were held in the year 2017. It is not in dispute that all four of them had contested the election to the Panchayat Samiti on the authorisation of the Indian National Congress Party (hereinafter referred to as ‘INC Party’). As such, the appellant and respondent Nos. 3, 4 and 5 formed a ‘Panchayat Samiti Party’ in the name of INCPS Party.

The first meeting of the INCPS Party was h

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