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2004 Supreme(Bom) 414

D.Y.CHANDRACHUD
Indumati Laxman Bhakare – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.: - Rule, returnable forthwith. Learned Counsel appearing on behalf of the respondents waive service. By consent taken up for hearing and final disposal.

2. On 14th January, 2003, the Additional District Judge, Pandharpur, dismissed two elections petitions challenging the election of Chhaya Arun Patil, as President of the Municipal Council of Sangola on a seat reserved for women. One of the two election petitions was filed by a defeated candidate, while the other was by a voter of the Constituency. Aggrieved by the rejection of the election petitions these two elections petitioners have moved this Court in proceedings under Article 227 of the Constitution. The third writ petition has been filed by the elected candidate in order to challenge the decisions of the Additional District Judge in so far as he held that she had incurred a disqualification under section 16(1)(i) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 ("the Act"). Though the trial Court came to the conclusion that a disqualification had been incurred, the election petitions came to be rejected solely on the ground that the validity of the






















































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