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2017 Supreme(Bom) 1499

R.D.DHANUKA, SUNIL K.KOTWAL
Vijaysing – Appellant
Versus
State of Maharashtra, through the Secretary, Urban Development – Respondent


Advocates Appeared:
For the Petitioner:B.R. Waramaa Advocate.
For the Respondents:Y.G. Gujarathi, A.G.P., A.D. Pawar, D.S. Bagul, S.T. Shelke h/f M.B. Bharaswadkar, Advocates.

JUDGMENT :

R.D. Dhanuka, J.

1. By this petition filed under Article 226 of the Constitution of India, petitioner seeks a writ of certiorari for quashing and setting-aside notification dated 23rd October, 2012, issued by the respondent Collector, Dhule under section 10 of the Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 ( Hereinafter referred for short as the said Act), for holding election of respondent No.2 and further seeks that this Court shall hold and declare that the scheme of section 10 (2) of the said Act is in breach of Section 341(B) of the said Act.

2. The petitioner also seeks a writ of mandamus thereby directing the respondent No.3 Collector to hold afresh the process for formation of wards to the election of Nagar Panchayat Shindkheda, District Dhule and for a writ of Certiorari for quashing and settingaside the election result declared on 14th January 2013 of the said Nagar Panchayat Shindkheda declaring the respondent Nos. 5 to 25 elected. The petitioner also seeks an order and direction against the respondent No.4 to hold the election of the respondent No.2 Nagar Panchayat afresh and as per scheme of section 341-B of the said Act. S



































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