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2019 Supreme(Bom) 1435

S.V.GANGAPURWALA, ANIL S.KILOR
Dattatray Yedu Thombre – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
P.S. Talekar, Adv., P.M. Shah, Adv., V.M. Kagne, Adv., V.R. Dhorde, Adv., V.D. Salunke, Adv., Ajeet B Kale, Adv., Pratik Bhosle, Adv., Sachin Deshmukh, Adv., P.D. Bachate, Adv., N.D. Patil Jamalpurkar, Adv.

JUDGMENT :

S. V. Gangapurwala, J.

The petitioners in these petitions assail the Ordinance No.XXII of 2019 dated 23.08.2019 promulgated by the State of Maharashtra for extending the election of President, Vice President and Chairman of subject Committees of some Zilla Parishads and Chairman and Vice Chairman of Panchayat Samitis on account of the ensuing General Election of the State Legislative Assembly.

2. The petitions are based on similar set of facts and involve common question of law. To avoid rigmarole are decided by common judgment.

3. Ms. Talekar, learned counsel eruditely made submissions. The other learned counsels viz. Mr. N. P. Patil Jamalpurkar, Mr. S. S. Deshmukh and Mr. Bachate echoed the arguments of Ms. Talekar and also put forth their stand. The contentions of the learned counsel for petitioners are as under:

    (A) The impugned ordinance is fraud on constitution. The Legislative Assembly was in session till 02.07.2019. After the end of Legislative Assembly Session no new facts or circumstances have emerged so as to evidence an emergent situation deserving intervention of the Hon'ble Governor by exercising Ordinance making power. Irreversible position would have alread

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