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2009 Supreme(Bom) 324

ANOOP V.MOHTA
Sau. Savita Bajrang Kadam – Appellant
Versus
Manisha Ramdas More – Respondent


Advocates Appeared:
For the Appellants:Vinod Jadhav, Advocate. For the Respondents:R1, S.M. Oak with Tushar Sonawane , R3, S.S. Pakale, Advocates. A.I. Patel, AGP for State.

Judgment

By consent, heard finally.

2. In Writ Petition No.2195/2009, the petitioner has challenged the impugned judgment/order dated 31.01.2009 passed by the District Judge, Nasik, whereby, an Election Petition No.9/2007 filed by respondent no.1(original petitioner) has been allowed and the election of the petitioner (original opponent no.1) from Ward No.19 of Igatpuri Municipal Council (I.M.Council) in the year 2007, is declared as null and void and accordingly set aside. By the same order, respondent no.1(original petitioner) has been declared to be elected in the place of petitioner from Ward No.19 of I.M. Council. Therefore, this petition.

3. In Writ Petition No.2254/2009, two voters being resident of Ward No.19 of I.M.Council challenged the direction No.(3) of the impugned order only and prayed further to hold fresh election of the Ward of I. M. Council.

4. Both these writ petitions are disposed of by this common judgment as the basic facts & issues are common.

5. In the month of December, 2007, an election was declared for member councillor of ten municipal councils for reserved category. The original petitioner and respondents 1 to 3 contested from Ward No.19 which was reser
















































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