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2018 Supreme(Bom) 830

S.V.GANGAPURWALA, SUNIL K.KOTWAL
Ganesh Laxmanrao Waghmare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shri N.V. Gaware, Shri Suresh P. Salgar
For the Respondents: Shri A.B. Girase, Smt. Minakshi Arora, Shri Alok Sharma, Ms. P.S. Talekar, Shri S.V. Kanitkar, Shri T.Y. Sayyed, Shri V.D. Sapkal

ORDER :

S.V. Gangapurwala, J.

The Writ Petition No. 4927 of 2018 is filed challenging the communication dated 19th May, 2018 issued by the Election Commission of India thereby declining to delete the names of respondent Nos. 5 to 14 from the electoral roll prepared for the biennial election to the 26 Osmanabad Latur Beed Local Authorities Constituency for Maharashtra State Legislative Council.

2. Mr. Gaware, the learned advocate for petitioners during the course of his arguments strenuously contended that, respondent Nos. 5 to 14 were elected as councilors of Beed Municipal Council. Their names were included in the electoral roll for biennial election to the 26 Osmanabad Latur Beed Local Authorities constituency for Maharashtra Legislative Council. The respondent Nos. 5 to 14 were disqualified as councilors of Beed Municipal Council by the Hon’ble Minister under order dated 18.05.2018 U/Sec. 55(A & B) and Sec. 42 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The polling was scheduled to be held on 21st May, 2018. As these respondent Nos. 5 to 14 were disqualified, they were not eligible to vote on 21.05.2018.

3. The communication dated 19.0
























































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