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2010 Supreme(Bom) 1578

R.M.BORDE
Sow. Shantabai w/o. Dattu Surwade – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. N. L. JADHA V, Advocate for the Petitioner.
Mr. N. B. KHANDARE, GP for the State.
Mr. P. M. SHAH, Sr. Counsel i/by Mr. S. P. SHAH,
Advocate for Respondent No.3.
Mr. GIRISH WANI, Advocate for Respondent No.4.

JUDGMENT

In a1l these petitions the petitioners who are the elected Councilors of the Municipal Council Bhusawal are raising exception to the order passed by the Collector, Jalgaon holding them disqualified to continue as the Councilors of the Municipal Council. Bhusawal. The orders are passed by the Collector on consideration of petitions tendered by one Mr. Manoj Biyani/respondent herein under the provisions of section 3 of the Maharashtra Local Authority Members Disqualification Act of 1986 (hereinafter referred to as 'Act of 1986') r/w. Rule 6 of the Maharashtra Local Authority Members' Disqualification Rules, 1987 (hereinafter referred to as "Rules of 1987").

2. Petitioners contend that in the general elections to the Municipal Council held in the month of October - November, 2006, the petitioners were declared elected on 21-112006 as independent candidates. The Election Commissioner published election results in official gazette declaring the petitioners to have been elected as the Councilors. It is specific contention of the petitioners that they are elected as independent candidate and the certificates issued by the Election Commission also declare that they have been electe











































































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