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2009 Supreme(Bom) 645

V.R.KINGAONKAR
Manoj Bansilal Biyani – Appellant
Versus
Sameer Krishnadhan Karr – Respondent


Advocates appeared:
Mr. P. M. SHAH, Sr. Counsel, i/b Mr. S. P. SHAH, Advocate for the Petitioner.
Mr. R. N. DHORDE, Advocate for Respondent No.1.
Mr. D. V. TELE, AGP, for Respondent NO.2.

JUDGMENT:- By this petition, the petitioner challenges order rendered by learned Collector, Jalgaon, on application No.9/2007 whereby petition filed by the petitioner under section 3(1 )(a) of the Maharashtra Local Authority Members' Disqualification Act, 1986 and under Rule 6 of the Maharashtra Local Authority Members' Disqualification Rules, 1987 came to be rejected.

2. There took place election for the posts of councilor of Municipal Council, Bhusawalon 19th & 20th November, 2006. The petitioner claims to be the President of a pre poll coalition called "Shahar Bachav Aghadi". He asserted that said "Aghadi" had set up candidates in the municipal elections by issuing necessary "A-B" forms to the concerned candidates. He further asserted that the respondent No.1 submitted the nomination form from ward No.16 as a candidate of the said Aghadi. The respondent No.1 was declared elected from the said ward on 21 -11-2006. The respondent No.1 allegedly filed an affidavit dated 05-03-2007 in Writ Petition No.853/2007 which was filed by one Ashokkumar Agasdas Maidasani. In his affidavit, the respondent No. 1 stated that he was not at all part and parcel of any Aghadi, whatsoever, and had n




























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