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1997 Supreme(Bom) 103

M.B.GHODESWAR, S.RADHAKRISHNAN
Hasan Ali S/o Mohammaad Ali and another – Appellant
Versus
Collector, Nagpur and others – Respondent


JUDGMENT - S. RADHAKRISHNAN, J. :---Rule. Rule made returnable forthwith by consent. Heard the Counsel at length.

2.The brief facts of the case are that on 19th January, 1997, the general elections of the Municipal Council, Kamptee was held in which 30 Councillors from 30 wards were elected and out of these 30 wards, 8 wards were reserved for Other Backward Community (O.B.C.). On 21st January, 1997, the results of the above elections were declared and 30 Councillors were duly elected. The petitioner No. 1 was elected from Ward No. 5. The petitioner No. 2 was elected from Ward No. 20 and the respondent No. 3 was elected from Ward No. 27. The respondent No. 1 being the Collector had called the meeting of the Councillors for election of the President which meeting was to be held on 7th February, 1997 under section 51 of the Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 (hereinafter referred to as the said Act for the sake of brevity). The seat of the President was reserved for O.B.C. and as such only candidates belonging to the O.B.C. were entitled to contest for the election of the President. On 1st February, 1997 Shri Shravan Narayan Kojarkar file






























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