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2018 Supreme(Bom) 1098

S.C.DHARMADHIKARI, BHARATI H.DANGRE
Kiran Kadam – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Mr. Prakash Ambedkar i/b Sandeep D. Rankhambe, Mr. Ganesh Bhujbal, Mr. Prashant Kulkarni.
For the Respondents: Mr. B.V. Samant, AGP and Mr. Mayur Jadhav i/b S.B. Shetye.

JUDGMENT :

BHARATI H. DANGRE, J.

1. All the three Writ Petitions pose a challenge to Ordinance No.IX of 2016 and has sought a relief of declaring the said Ordinance as ultra vires, arbitrary and capricious. Writ Petition No.9896 of 2016 and 7259 of 2016 came to be amended and seek to challenge Maharashtra Act No. IX of 2017. Since the writ petitions revolve around the same issue, they are clubbed together and heard together.

2. The Writ Petition No.7259 of 2016 filed by an Advocate and Office bearer of the political party i.e. “The Bharip Bahujan Mahasangh” registered with the Election Commission of India and also the State Election Commission, seeks Quashment of Act No. IX of 2017, which amends the provisions of the Maharashtra Municipal Corporation Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The challenge in the petition is to the amendment effected in Section 5 of the Maharashtra Municipal Corporation Act by inserting a proviso to subsection (3), thereby permitting election of four councillors, as far as possible, but not less than three and not more than five councillors in the general election to the Corporation and enabling eac










































































































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