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2013 Supreme(Bom) 1559

ANOOP V.MOHTA, Z.A.HAQ
Mahanagar Sudhar Samiti, through its Leader Harish Ratanlal – Appellant
Versus
Mayor, Akola Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioners:A.M. Gordey, Senior Counsel with Mrs. Radhika D. Raskar, Advocate.
For the Respondents:R1, A.M. Ghare, R2, S.V. Sohoni, R4 & R12, N.A. Gaikwad holding for A.S. Manohar, R5, R9 & R10, Mrs. V.S. Gordey, R6 to R8, R11 & R13, A.S. Jaiswal, Advocates.

JUDGMENT

Z.A. HAQ, J.

1. RULE. Rule made returnable forthwith. Heard the learned counsel for the parties.

2. The issue, which falls for consideration in this petition is, “Whether the Resolution No.1 passed in the Special General Meeting of Akola Municipal Corporation, Akola on 29.04.2013, nominating the eight members on the Standing Committee is proper and valid as per the provisions of Section 31A(2) of the Maharashtra Municipal Corporations Act”. However, a preliminary objection to the maintainability of the writ petition is raised by respondent no.1 The Mayor of the Akola Municipal Corporation, Akola on the ground that the petitioner no.1Mahanagar Sudhar Samiti, Akola Municipal Corporation is not a registered “Aghadi” as contemplated by the provisions of the Maharashtra Local Authority Members' Disqualification Rules, 1987 (hereinafter referred to as ‘the Disqualification Rules, 1987’) and, therefore, this issue also falls for our consideration.

3. We will first deal with the preliminary objection as raised on behalf of respondent no.1The Mayor about the maintainability of the writ petition. Shri Ghare, the learned advocate for the respondent no.1, has submitted that the writ pe

































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