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2009 Supreme(Bom) 718

F.I.REBELLO, J.H.BHATIA
Umesh Shrikant Shetye – Appellant
Versus
Collector, Ratnagiri, Dist. Ratnagiri – Respondent


Advocates appeared:
For the Petitioner:Y.S. Jahagirdar, Senior Counsel with S.G. Deshmukh with Ms. Sangita S. Bhole, Advocates. For the Respondents:R3, C.J. Sawant, Senior Counsel with P.D.Dalvi, R5, Niranjan Mogre, Advocates, R1 & R2, V.A. Sonpal, A.G.P.

Judgment :

Oral Judgment: (Ferdino I. Rebello, J.)

1. Rule. By consent of the parties heard forthwith.

2. The petitioner was a Councilor of the Ratnagiri Municipal Council. Elections were held to the Ratnagiri Municipal Council on 19th November, 2006. The Petitioner contested on the party symbol of Nationalist Congress Party (hereinafter referred to as N.C.P.). The Respondent Nos. 3 to 10 were also elected on the ticket of the same party. After elections, a meeting was convened by the party where all the 12 Councilors met and according to the Petitioner they agreed that the petitioner would be the leader of the

N.C.P. Municipal party. Accordingly, the party General Secretary Shri Gurunath Kulkarni by letter dated 20th December, 2006 wrote to the Respondent No.1Collector informing that the petitioner is the leader of the N.C.P. Municipal Party. Elections were to be held for the post of President and the petitioner was nominated to contest the same. The Respondent Nos. 3 to 10 were, however, not in favour of the nomination of the petitioner. Consequent thereto some other candidate was elected as the President.

3. Respondent Nos. 3 to 10 by letter of 20th December, 2006 informed the




















































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