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2018 Supreme(Bom) 289

B.P.DHARMADHIKARI, SWAPNA JOSHI
Lokashahi Aghadi through its Leader Shital – Appellant
Versus
Akola Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner:A.M. Ghare, R. Gahilot, Advocates.
For the Respondents:S.V. Sohoni, Anjan De, I.J. Damle, AGP, R.S. Sirpurkar, Komal Mundle, Advocates. For the Intervenors:S.S. Sarda, Morande, Advocates.

JUDGMENT :

Swapna Joshi, J.

1. Rule. Rule made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.

2. By this petition, the petitioner seeks relief to quash and set aside the impugned communication issued by respondent no.3-Divisional Commissioner, Amravati dated 7.4.2017 treating respondent no.6 as member of respondent no.5-Shiv Sena Paksh and consequently holding that strength of respondent no.5 party is only of eight members.

3. The general elections to the Municipal Corporation, Akola were held. The results were declared on 23.3.2017 wherein 49 candidates belonging to Bhartiya Janta Party, 33 from Indian National Congress, 5 from Rastravadi Congress, 8 from Shiv Sena, 3 from Bhartiya Republic Party, one from MIM, one independent i.e. respondent no.6 were elected. The five Corporators of Rashtravadi party were members from Bhartiya Republic party and one from MIM formed a Lokshai Aghadi, Akola. The petitioner as well as respondent no.5 Shiv Sena submitted the information as per Rule 3 of the Maharashtra Local Authority Members Disqualification Rules, 1987 to respondent no.3-Divisional Commissioner, Am




















































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