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2012 Supreme(Bom) 1084

B.P.DHARMADHIKARI, A.P.BHANGALE
Mohd. Sharique-ur-Rehman s/o Ata-ur-Rehman – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Applicants:Z.A. Haq with Shri R.A. Haq, Advocate.
For the Respondent:R1, R2 & R6, A.S. Fulzele, AGP, R3, Pradeep Marpakwar, R5, G.R. Agrawal, R7, M.G. Bhangde, Sr. Advocate with V.V. Bhangde, Advocates.

Judgment :-

A.P. Bhangale, J.

Both these matters are between same parties and on same subject. In fact, Writ Petition No. 1674 of 2012 arises allegedly because of cognizance taken of Writ Petition No. 6131 of 2011. Petitioner Mohd. Shariqueur-Rehman in Writ Petition No. 6131 of 2011 attempts to demonstrate that Respondent No. 7 – Syed Mujahid Iqbal, petitioner in later petition, has procured a forged caste certificate and got it validated hastily without police vigilance inquiry. He, therefore, seeks to unseat Respondent No. 7 as elected councillor of Patur Municipal Council. Writ Petition 1674 of 2012 questions a show cause notice issued to petitioner Syed Mujahid Iqbal Mujahid Iqbal therein with orders passed on preliminary objections raised therein on various grounds. Looking to the nature of controversy and various orders passed, we have heard both the matters finally at the stage of admission by issuing Rule and making it returnable forthwith. We have referred to both rival Petitioners by their names to avoid any confusion.

2. Petitioner Mohd. Sharique-ur-Rehman in Writ Petition No. 6131 of 2011 has prayed for quashing and setting aside of order dated 19.11.2011 passed by the






















































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