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2014 Supreme(Bom) 1646

VASANTI A.NAIK, P.R.BORA
Gulabrao Mardikar – Appellant
Versus
Divisional Commissioner – Respondent


Advocates Appeared:
For the Petitioner: M.G. Bhangde, Senior Counsel with R.M. Bhangde, Counsel.
For the Respondents: R1, Bharti Dangre, Govt.Pleader, R2, J.B. Kasat, R3, A.M. Gordey, Senior Counsel with S.M.Vaishnav, Counsels.

Judgment :

Vasanti A. Naik, J.

Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. By this petition, the petitioner impugns the order of the Divisional Commissioner, Amravati Division, Amravati dated 16/06/2014 recognising the respondent No.3 as the leader of Nationalist Congress Party.

Few facts giving rise to the writ petition are stated thus –

After the election to the Amravati Municipal Corporation was held on 16/02/2012, the election results were declared and 87 councillors were elected to the Amravati Municipal Corporation. Out of the 87 elected councillors, 17 councillors belonged to Nationalist Congress Party. The petitioner and the respondent No.3 had both contested the election on the ticket of the Nationalist Congress Party. After the elections, the Nationalist Congress Party and 6 other councillors decided to form an agadhi or front and hence, the petitioner, who was elected as a leader of the front, applied to the Divisional Commissioner on 06/03/2012 for registration of the agadhi or front as Nationalist Congress Party Front and also for recognising the petitioner as a group leader of the front







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