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2010 Supreme(Bom) 941

B.P.DHARMADHIKARI
Sahebrao Dashrathrao Patole – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared
For the Petitioners:P.C. Madkholkar, Advocate. For the Respondents:R1, A.S. Sonare, J.B. Jaiswal & R.A. Wasnik, AGP, R2, P. Marpakwar Advocate, R3, A.D. Thakre, R4, N.W. Sambre, Advocates.

Judgment :-

1. Rule. Rule is made returnable forthwith by consent of learned counsel for the respective parties.


2. The petitioners before this Court are elected Councilors of Respondent No. 4 – Municipal Council, Lonar and they are aggrieved by common order dated 18.02.2010 passed by Respondent No. 2 holding that they have incurred disqualification by not submitting return of their election expenditure by 25.04.2009.


3. Shri Madkholkar, learned counsel for the petitioners contends that provisions of Section 16(1D) of the Maharashtra (Municipal Councils), (Nagar Panchayats) & Industrial Township Act, 1965, (hereinafter referred to as the Municipality Act), confer discretion upon Respondent No. 2 to pass such order of disqualification, if it finds that the Councilor in default had no good reason or justification for his failure. His first contention is, said order does not disclose any application of mind in this respect. He points out that a show cause notice was served upon all elected Councilors by Respondent No. 2 and reply has been filed to it individually by the petitioners. All petitioners have pointed out that within a period of one month i.e. before 25.04.2009 they have give
















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