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2005 Supreme(Bom) 1250

B.R.GAVAI, P.S.BRAHME
KESHAV SHANKAR EKBOTE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


( 1 ) B. R. GAVAI, J. :- Rule. Rule made returnable forthwith. Heard the learned counsel for the parties.

( 2 ) BY way of present petition, the petitioner assails the order passed by respondent No. 1 thereby dismissing the complaint of the petitioner under section 55-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial townships Act, 1965 (hereinafter referred to as "the Said Act"), vide order dated 9th July, 2003.

( 3 ) RESPONDENT No. 2 was elected as a President of the respondent No. 5- buldana Municipal Council in the General elections which were held in the year 2001 and she assumed the charge of the Office of the President of respondent no. 5-Municipal Council, Buldana on 18th December, 2001. The petitioner who is resident of Buldana and also Ex-President of the Municipal Council filed a complaint under the provisions of section 55-A of the said Act on 14th February, 2003 with the respondent No. 1-State of Maharashtra. It is stated in the complaint that the husband of respondent No. 2 namely Radheshyam Chandak is President of Buldana Urban Charitable Trust (hereinafter referred to as the "said trust" ). It is alleged in the complaint that a piece of land in


























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