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2016 Supreme(Bom) 792

R.M.BORDE, SUNIL P.DESHMUKH, RAVINDRA V.GHUGE
Shah Faruq Shabir – Appellant
Versus
Govindrao Ramu Vasave – Respondent


Advocates Appeared:
For the Petitioner:Shri P.M. Shah, Senior Counsel and Mr. S.P. Shah, Advocate.
For the Respondent:Mr. A.B. Girase, Government Pleader with Shri Mukul Kulkarni and Shri Umakant P. Giri, Advocates.

JUDGMENT :

R.M. BORDE, J.

1. The learned Single Judge, while dealing with the writ petition, by an order dated 23.01.2012, was pleased to formulate following two issues for consideration of the larger Bench:-

(I) Whether the term aghadi or front as defined U/Sec. 2(a) of the Disqualification Act of 1986 would mean the party or aghadi on whose candidature the councillor is elected or would also include the aghadi of two or more municipal parties coming into existence after the elections are held?

(II) Whether the term original political party or aghadi appearing in Sec. 5 would mean the party at its National level or would mean a municipal party?

2. We have heard arguments advanced by Shri P.M.Shah, learned Senior Counsel i/by Mr.S.P.Shah, advocate for petitioners, Shri Mukul Kulkarni, learned advocate for Respondent No.1, Shri Umakant P. Giri, learned advocate for Respondent No.2 and Mr.A.B.Girase, learned Government Pleader for Respondent No.3.

3. The facts in nutshell, giving rise to the reference, are as under:-

Petitioners are the elected councillors of Municipal Council, Navapu












































































































































































































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