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2015 Supreme(Bom) 73

A.S.CHANDURKAR
Raju – Appellant
Versus
State of Maharashtra, Through its Secretary Urban Development Department – Respondent


Advocate Appeared
For the Petitioner:P.S. Wathore, Advocate.
For the Respondents:R1 & R4, K.L. Dharmadhikari, AGP, R2, Shrikant Saoji, R3, Jemini Brijmohan Kasat, R4, M.N. Hiwase, AGP, R5, Rahul Bhangde, R6, Pravin Sheshrao Patil, Advocates.

JUDGMENT

1. These writ petitions can be conveniently decided by this common judgment in view of similarity of issues raised therein.

2. Rule. Heard finally with the consent of learned counsel for the parties.

3. The challenge in these writ petitions is to the order passed by the State Election Commission, Maharashtra-respondent No.2 thereby setting aside the order of disqualification of the returned candidates under the provisions of Section 10(1E) of the Maharashtra Municipal Corporations Act, 1949 (for short 'the said Act'). Besides aforesaid challenge, the petitioner in all these writ petitions, is also seeking a declaration that after holding the respondent No.5 to be disqualified, the respondent No.6 be declared to be elected as a Councillor.

4. General elections to elect the Councillors at the Amravati Municipal Corporation were held in the month of February 2012. The results of said elections were declared on 17/02/2012. It was incumbent upon the candidates to submit the account of election expenses within a period of thirty days from the declaration of said results. As various candidates failed to submit account of election expenses within the stipulated time, proceedings for t
















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