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2011 Supreme(Bom) 807

B.P.DHARMADHIKARI, P.D.KODE
Suresh Jagannath Patil – Appellant
Versus
State of Maharashtra, through Secretary Urban Development Department – Respondent


Advocates appeared:
For the Petitioners:P.C. Madkholkar, Advocate.
For the Respondents:R1 & R2, N.W. Sambre, GP, R3, C.S. Kaptan, R4, U.J. Deshpande, Advocates.

Judgment :

The petitioners before this Court are questioning the suspension of nominations to its Standing Committee by Municipal Corporation, Akola, in its meeting dated 28.02.2011 by Respondent No. 1 – State Government under Section 451 of Bombay Provincial Municipal Corporation Act, 1949 (hereinafter referred to as 1949 Act). The nominations have been made under Section 31A(2) thereof.

2. After the petition was filed before this Court on 11.03.2011, this Court issued notices to the respondents and on 25.03.2011 ordered status quo till the hearing of the matter for admission. On 20.04.2011, the contention about Section 451 were noted and Respondents No. 1 & 2 then agreed to comply with the procedure under Section 451 and follow principles of natural justice. In view of this, the matter was kept pending and Respondents No. 1 & 2 were permitted to hear the petitioners. Accordingly, State Government passed further appropriate orders on 25.05.2011 and maintained its earlier order dated 08.03.2011. Petition was then amended on 03.06.2011 to raise challenge to this later order dated 25.05.2011. In this background, we have heard matter finally by making Rule returnable forthwith at the r





















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