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2009 Supreme(Bom) 156

R.M.BORDE
MANOJ BANSILAL BIY ANIs – Appellant
Versus
SUNIL MURLIDHAR CHAUDHARI – Respondent


Advocates appeared:
For petitioners:P. M Shah, Senior Counsel, holding for S. P. Shah For respondent No.1:R. N Dhorde For respondent No.4:S. T. Shelke For respondent No.5: Mukul Kulkarni

JUDGMENT :-

Heard.

2. Rule. Rule made returnable forthwith. With the consent of the parties the petitions are taken up for final disposal at admission stage.

3. All these petitions raise an identical question in respect of necessary party in election petition presented under the provisions of section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 (hereinafter referred to as the "Municipal Act".) 4. Petitions are presented before the District Court raising challenge to the elections of the returned candidates from different wards of Municipal Council, Bhusawal. Petitioners herein are arrayed as respondents to the election petition.

On perusal of election dispute filed by the petitioners before the District Court, it is not a matter of controversy that certain allegations in respect of commission of corrupt practices have been levelled against the petitioners herein. Apart from impleading the returned candidate as a party to the petition before the District Court, the petitioners being the persons against whom allegations in respect of corrupt practice are levelled are also joined as party. An application was therefore presented by the petit




























































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