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2013 Supreme(Bom) 1652

A.H.JOSHI, SUNIL P.DESHMUKH
Gajanan – Appellant
Versus
Sharad Namdeo Pawar – Respondent


Advocates Appeared:
For the Appellant:M.V. Deshpande, Advocate.
For the Respondents:Mrs. V.A. Shinde, AGP., R1, R.N. Dhorde, Senior Advocate h/f. S.G. Rudrawar, V.D. Hon, R6, G.O. Wattamwar, V.D. Gunale, Advocates.

JUDGMENT

A.H. Joshi, J.

1. Case No. CR 49/2011 under Section 3(1)(a) and (b) of the Maharashtra Local Authority Members' Disqualification Act, 1986; and under Rule 6 of the Maharashtra Local Authority Members' Disqualification Rules, 1987, (hereinafter referred to as, “the Disqualification Act and Disqualification Rules”, respectively, for the sake of brevity) was filed by present appellant before the Collector, Nanded.

2. The Collector, Nanded conducted the trial of said application, and after hearing the parties, the Collector decided said application by judgment and order dated 18th February, 2013. Thereby he declared the councilors / the respondents therein as disqualified.

3. Said judgment was challenged in two separate writ petitions, namely, W.P. No. 1875 of 2012 and 1993 of 2012, by two different councilors in each petition.

Both the writ petitions were allowed by the learned Single Judge of this court by judgment and order dated 7th May, 2012.

4. The appellant herein was respondent No.3 in both these writ petitions. The appellant herein has challenged the common judgment and order rendered in those writ petitions, in present appeals.

5. Heard both sides at length and peruse





























































































































































































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