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1974 Supreme(Bom) 9

M.N.CHANDURKAR, P.S.SHAH
SHANKARRAO PHATE – Appellant
Versus
CHHATRAPAL – Respondent


JUDGMENT

CHANDURKAR J.- These two petitions have been filed by the two petitioners praying for a writ in the nature of quo. warranto against the respondent No.1 who is holding the office of President of the Zilla Parishad, Nagpur, having been elected to that office on 12-8-1972. Petitioner Shankarrao in Special Civil Application No. 1050 of 1972 had contested the election as a Councillor of the Zilla Parishad, Nagpur, from Kelod constituency in Saoner tahsil but was defeated. Petitioner Shrawan Domaji in Special Civil Application No. 1051 of 1972 admittedly is a voter from the Bamni constituency, and both these petitioners claim that they are vitally interested in the affairs of the Zilla Parishad and are entitled to show that the respondent is illegally holding the office of President of the Zilla Parishad, Nagpur. So far as respondent No. 1 Chhatrapal Anandrao Kedar is concerned, it is not in dispute that he was elected as the President of the Zilla Parishad at the first statutory meeting of the Zilla Parish ad held on 14-8-1962. He was, however, unsuccessful at the next election as a Councillor held on 27-5-1967 for the second term 1967-72. The first statutory meeting of the sec





































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