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2010 Supreme(Bom) 575

R.M.BORDE
Jitendra Himmat Biraris – Appellant
Versus
Kiran s/o. Gulabrao Patil – Respondent


Advocates Appeared:
Shri. V. J. DIXIT, Sr. Counsel holding for Mr. P. D. BACHATE, Adv. for the Petitioner.
Shri. P. M. SHAH, Sr. Counsel holding for Mr. S. P. SHAH, Adv. for Respondent No.1. .
Mr. V. B. GHATGE, A.G.P., for Respondent No.2.

JUDGMENT:- Petitioners, in these petitions, are challenging the order passed by Collector, Dhule dated 27th May, 2009, thereby turning down objections raised in the References presented by Respondent No.1 to the Collector under Section 7 of Maharashtra Local Authority Members' Disqualification Act, 1986 (hereinafter referred to as "Disqualification Act").

2. Petitions presented by Respondent No.1 herein under Section 7 of the Disqualification Act were referred to the Collector regarding disqualification of petitioners. Petitioners are elected members of Zilla Parishad, Dhule. It is the allegation of respondent No.1 that petitioners in disregard to the whip issued by leader of Zilla Parishad party have cast vote at the elections of President and Vice President as against the candidate set up by the party and as such they have incurred disqualification within meaning of Disqualification Act and as such are liable to be unseated. There was preliminary objections raised as regards maintainability of References by the petitioners. The objections raised are set out as below:

(a) The References do not comply with the requirement of Rule 6 of Disqualification Rules;

(b) The References have no




































































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