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2018 Supreme(Bom) 1421

RAVINDRA V.GHUGE
Jagdish S/o Ramchandra Samanpelliwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Shri Jadhav N.L. h/f Shri Singare R.B.
For the Respondents: Shri Kutti P.N., Shri Kurundkar S.V. h/f Shri Narwadkar M.D.

JUDGMENT :

1. Heard the learned counsel for the respective parties.

2. Rule.

3. By consent, Rule is made returnable forthwith and the petition is taken up for final hearing.

4. Considering that all the issues involved are identical and respondent No.4 in these four petitions, as well as the petitioner, are identically placed, these petitions have been taken up together for hearing.

5. The petitioner is aggrieved by the judgment and order dated 27.8.2018, passed by the Divisional Commissioner, Aurangabad in the Appeals filed by each of these fourth respondents. By the impugned judgment, the order of the District Collector, dated 26.7.2018, allowing the application filed by the petitioner and disqualifying the fourth respondent under Section 16(1)(b) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 have been quashed and set aside.

6. Having heard the learned Advocates and the learned AGP on behalf of the respective sides, their submissions can be summarized as under:

(a) The elections were held on 13.12.2017 and the results were declared on 14.12.2017.

(b) The fourth respondent in each of these cases was declared elected after the counting of votes o

























































































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