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2015 Supreme(Bom) 2321

M.S.SONAK
Vaijayata Deepak Warke – Appellant
Versus
State Election Commission – Respondent


Advocates:
Advocate Appeared:
Mr. Tanaji Mhatugade for Petitioners in all Writ Petitions
Mrs. D.S. Mondkar i/b Mr. S.B. Shetye for Respondent No.1 in all petitions
Ms Vaishal Nimbalkar, A.G.P., for Respondent Nos.2 and 3 in Writ Petition No. 11547 of 2015
Ms M.S. Bane, BPanel Counsel for Respondent Nos. 2 and 3 in Writ Petition No. 11306 of 2015
Mr. S.D. Rayrikar, A.G.P. for Respondent Nos. 2 and 3 in Writ Petition No. 11307 of 2015
Mr. P.D. Dalvi, Amicus Curiae

JUDGMENT :

1] Rule, in each of these petitions. With the consent of and at the request of learned counsel for the parties, Rule is made returnable forthwith.


2] The final hearing in these petitions concluded on 3 December 2015 and the judgment was reserved. However, as the learned counsel for the Petitioners pointed out that the last date for filing of nomination for election to the Panchayat was 4 December 2015, an interim order was made staying the disqualification incurred by the Petitioners. The interim order dated 3 December 2015 reads thus:

1. The final hearing in these petitions has just been concluded. The Judgment is reserved. However, the learned Counsel for petitioners points out that elections to the Panchayat are scheduled shortly and the last date for filing nominations is 04/12/2015. Accordingly, it is necessary to make an interim order.

2. The petitioners in these petitions have been disqualified under Section 14B of The Maharashtra Village Panchayats Act, 1959 ('said Act') for failure to lodge account of elections taken place within time and manner required by the State Election Commission. The case of the petitioners in Writ Petition No.11306 of 2015 and Writ Petition
























































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