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2007 Supreme(Bom) 645

F.I.REBELLO, R.M.SAVANT
VASANT NIVRUTTI GITE – Appellant
Versus
MUNICIPAL CORPORATION OF CITY OF NASHIK – Respondent


Advocates Appeared:
A.A.Kumbhakoni, ANILKUMAR PATIL, DEEPA S.MATWANKAR, J.N.PAVAR, M.L.PATIL, R.D.Rane, R.G.Ketkar, S.G.ANEY, V.A.THORAT

F. I. REBELLO, J.

( 1 ) RULE in all the Petitions. By consent of the parties, heard forthwith.

( 2 ) THE challenge in this Petition is to the decision taken by the Presiding Officer dated 7. 4. 2007 nominating Sudhakar Badgujar, Mushir sayyad, Sharad Kisanrao Koshire as the members of the Standing Committee. The Petitioner No. 1 belongs to Maharashtra Nav Nirman Sena (MNS) whereas petitioner No. 2 belongs to Nationalist Congress party (NCP ). The Petitioners contend that the elected candidates of NCP are 17 and considering the total number of councillors which is 108, the second respondents ought to have nominated three members belonging to NCP. On the contrary only two members have been nominated. Thus the second respondents ignored the relative strength of the parties as was required by the provisions of Section 31a of the maharashtra Municipal Corporations (Amendment)Ordinance, 2007 which hereinafter shall be referred to as "ordinance". The Petitioners in Writ Petition No. 2587 of 2007 are elected councillors of the Corporation. It is their case that the Respondents Sudhakar Badgujar (Independent), Smt. Shinde Jyoti ()BJP) and Shri. Sayyad Mushir (SP), have been illegally appoin









































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