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2006 Supreme(Bom) 1231

N.V.DABHOLKAR, M.G.GAIKWAD
Deep s/o. Narayan Chavan – Appellant
Versus
State of Maharashtra – Respondent


N.V. DABHOLKAR, J.:- Both these writ petitions, by mutual consent of the parties and taking into consideration the importance of the issue involved, were taken up for hearing expeditiously. By mutual consent, Rule was made returnable forthwith and the matters were argued before us daily afternoon from 28-72006 onwards.

2. Two gentlemen - Deep and Sandip (Sandeep), claiming /believing that each of them is the only duly elected Mayor of the Corporation of City of Ahmednagar, have approached this Court, praying to invoke its plenary jurisdiction under Article 226 of the Constitution of India, in his favour and against the other. Each petitioner is respondent no.6 in the other petition. Respondent no.7, in the first writ petition, is said to be Deputy Mayor elected in a meeting on the same day i.e. 30-6-2006 wherein Sandeep claims to have been elected as Mayor. Respondent nos. 1 & 2, in both petitions, are State authorities, respondent nos.3 & 4 are associated with the Corporation and respondent no.5 - Shri. Bhagwan Fulsaunder (Fulsaunder) is the outgoing Mayor.

We intend to reproduce the main prayers in both the writ petitions for ready reference.

In Writ Petition No.5146/2006, petition





















































































































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