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2005 Supreme(Bom) 819

A.B.NAIK
HARIHARRAO VISHWANATHRAO BHOSIKAR – Appellant
Versus
DATTA ANANDRAO PAWAR – Respondent


Judgment

( 1 ) ALL the four writ petitions involve common question of law, though filed by different petitioners, can be disposed of by the this common judgment. All the petitions are filed under Articles 226 and 227 of the Constitution of India, 1950 (for short "the Constitution" ). The petitioners have challenged the action of the Collector, Nanded, taking cognizance of the petitions filed under the Maharashtra Local Authority Members (Disqualification) Act, 1987 (for short "the Act" ). For the convenience, I will note down the relevant facts in seriatim.

( 2 ) WRIT Petition No. 3962/2005 is filed by one Harihar Vishwanath bhosikar, a sitting Member of Zilla Parishad, Nanded. He was elected to Z. P. Nanded from Bahadurpura Zilla Parishad (Kandhar), Vibhag No. 8. He was sponsored by Nationalist Congress Party (for short "ncp") and, was elected as such. After the elections, he continued to be a member of Zilla Parishad, Nanded. (for short "z. P. " ). The respondents 1 and 2 (hereinafter referred to as "the complainants) filed a petition seeking disqualification of the petitioner as a member of Z. P. That application was filed under the Act, on the ground that the petitioner has viol
























































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