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2012 Supreme(Bom) 936

R.K.DESHPANDE
Fazalur Rehman Gulam Nabi – Appellant
Versus
Raziya Begam Sayyed Natiquiddin Khatib – Respondent


Advocates:
Advocate Appeared:
Shri P.C. MADKHOLKAR, Advocate for Petitioner.
Shri S.V. SOHONJ, Advocate for Respondent No.1.
Shri B.N. MOHTA, Advocate for Respondent No.2.
Smt. B.H. DANGRE, Additional Government Pleader, with Shri K.L. DHARMADHIKARI, AGP for Respondent Nos.3 and 4.

JUDGMENT

Leave to amend the prayer clause is granted. Necessary amendment be carried out forthwith.

2. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

3. The respondent No.1 Fazlur Rahman Gulam Nabi has filed the petition before the Collector under Rule 6 of the Maharashtra Local Authority Members' Disqualification Rules, 1987 (for short, "the said Rules") for disqualification of the petitioner as a Municipal Councillor under clause (a) of sub-section (1) of Section 3 of the Maharashtra Local Authority Members' Disqualification Act, 1986 (for short, "the said Act"). The petitioner, on receipt of the notice of the petition, filed an application under sub-rule (2) of Rule 7 of the said Rules for dismissal of the petition for noncompliance of Rule 6 of the said Rules. The Collector has dismissed the said application and hence this petition.

4. The Collector has recorded the finding in his order that the petition contains the statements of material facts running into more than 20 pages. The finding is also recorded that the respondent No.1 has also verified the documents attached to the petition, that the petition is verified and







































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