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2002 Supreme(Bom) 1366

A.B.NAIK
Laxmikant Tukaram Chaudhari & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - NAIK A.B., J.:---Heard. Rule. By consent of Advocates for the parties. Rule taken up for final hearing forthwith.

2. This group of writ petitions arises out of a common order passed by the Collector, Jalgaon, on 3-12-2002.

3. For disposal of these petitions, it is not necessary for me to refer to all the facts in detail, however, relevant facts to understand controversy in these petitions are as follows. The parties will be referred to as per their status in the Disqualification Petition Nos. 1146, 1147 and 1148 of 2001.

4. The petitioners and respondent Nos. 3 to 17 were elected as Councillors of Municipal Council, Jalgaon. After the said elections, Municipal Council is constituted and from the facts, it appears that some of the members have parted from 'Group'/'Aghadi' which was formed at the time of general election. It is also not disputed that the provisions of Maharashtra Local Authority Members' Disqualification Act, 1986 and the Maharashtra Local Authority Members' Disqualifications Rules, 1987 are applicable (hereinafter referred to as Act and Rules respectively).

5. It was noticed by some members of the Council that some of the elected Councillors from a 'Group'/'A


















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