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2009 Supreme(Bom) 55

J.H.BHATIA
Vandana w/o Prabhakar Damedhar – Appellant
Versus
Collector, Amravati – Respondent


Advocates:
Advocate Appeared
Mr.A.M.Gordey, Adv. for the petitioner.
Mr.Thakre, AGP for respondent no.1.
Mr.N.R.Saboo, Adv.for respondent no.2.
Mr.P.C.Madkholkar, Adv. for respondent no.3.

ORAL JUDGMENT:

1. Rule. Rule is made returnable forthwith. With consent of the parties, the matter is taken for final hearing immediately.

2. Heard the learned counsel for the parties and perused the relevant documents.

3. To state in brief, admitted facts are that the petitioner was the member of Indian National Congress (I) and as a candidate of that party, she was elected as member of the Municipal Council, Shendurjanaghat. The election for the post of the President of Municipal Council was scheduled to be held on 17/12/2006. Respondent no.3 was also one of the municipal councillor, who was elected as the candidate of Indian National Congress. A meeting was held on 17/12/2006 in which all the new elected members of the Municipal Council from Indian National Congress were present along with some other political leaders of the party from the districts. According to the complaint lodged by respondent no.3 with the Collector under the provisions of the Maharashtra Local Authority Members Disqualification Act, 1987 (hereinafter referred to as the Act), in that meeting it was unanimously resolved to sponsor one Mr.Surendra Ande, as candidate of Indian











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