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2019 Supreme(Bom) 552

RANJIT MORE, BHARATI H.DANGRE
KESHARBEN MURJI PATEL – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
P.K. Dhakephalkar, Adv., Pramod Patil, Adv., Ajit Hon, Adv., Govind Solanke, Adv., Sanjay S. Dudhane, Adv., A.Y. Sakhare, Adv., Pramod N. Patil, Adv., Pramod Kathane, Adv., Pralhad Paranjape, Adv., R.K. Mendadkar, Adv., G.S. Godbole, Adv., Chintamani K Bhangoji, Adv., Nitin Pradhan, Adv., Hamid Mulla, Adv., Vishnu S. Madane, Adv., A.A. Kumbhakoni, Adv., H.S. Venegaonkar, Adv., Geeta Shastri, Adv., Jyoti Chavan, Adv., R.V. Pai, Adv., A.R. Pai, Adv., Akshay R. Pai, Adv., Neuty N. Thakkar, Adv., A.M. Bhat, Adv., Siddhant Josh, Adv., Nikita K Dharamashi, Adv., C.K. Bhangoji, Adv., S.S. Dube, Adv., Nagendra Dube, Adv., Burhan Bukhari, Adv., Rupali Adhate, Adv., Ajinkya M. Udane, Adv.

JUDGMENT :

Bharati H. Dangre, J.

The Full Bench of this Court on 9th December 2016 in case of Anant H. Ulahalkar & Anr. Vs. State Election Commissioner and Anr., answered the reference made over to it and held that the stipulation of six months for production of validity certificate contained in Section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 for production of validity certificate is a mandatory stipulation. It also held that in terms of second proviso appended to the said section, if a person fails to produce the validity certificate within a period of six months from the date on which he is elected, his election shall be deemed to have terminated retrospectively, and he shall be disqualified for being a Councillor and such a retrospective termination of election and disqualification for being a Councillor would be automatic and validation of his caste claim after the stipulated period would not result in restoration of his election.

After a lapse of almost two years, we are confronted with the similar issue but this time in









































































































































































































































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