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2007 Supreme(Bom) 216

B.R.GAVAI
Surjitsing s/o. Jeevansing Girniwale – Appellant
Versus
Commissioner, Nanded Waghala Municipal Corporation – Respondent


JUDGMENT :- All these four petitions challenge the orders passed by the Commissioner of Nanded-Waghala Municipal Corporation (hereinafter referred to as "Corporation" for the sake of brevity), thereby declaring the petitioners to be disqualified under Section 10(1D) of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as "BPMC Act" for the sake of brevity, as Councillor of the said Corporation.

2. Since the issue involved in all these four petitions is common, the petitions were heard together and are being decided by this common judgment.

3. The petitioners were elected as Municipal Councillors from different wards of the said Corporation in the elections held in the year 2002. In so far as petitioner in Writ Petition No.2773/2006 is concerned, the petitioner was served with a show cause notice on 28th December, 2005, that he had obstructed in the work of removal of encroachment in respect of Community Centre and, therefore, why he should not be removed from the post of Municipal Corporation under Section 10(1-D) of the BPMC Act. It is the contention of the petitioner, that on 2nd January, 2006, he had demanded copies of certain documents. However, they






















































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