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2020 Supreme(Bom) 1237

S.V.GANGAPURWALA, SHRIKANT D.KULKARNI
Deepak Umakant Mathpati – Appellant
Versus
Latur Municipal Corporation, Through its Commissioner, Latur, District – Latur – Respondent


Advocates Appeared:
For the Petitioner:Amit A. Yadkikar, Advocate.
For the Respondents:R1 & R3, V.D. Hon, Senior Advocate i/by A.V. Hon, R2, S.S. Manale, R4, A.N. Irpatgire, Advocates.

JUDGMENT :

S.V. Gangapurwala, J.

1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. The petitioner seeks a direction that, the respondent No. 4 ceases to be a member of the Standing Committee of the Latur Municipal Corporation (for the sake of brevity hereinafter referred to as “L.M.C.”) with effect from the date of his resignation i. e. 28.05.2019 and/or 20.06.2019 (the date of acceptance of resignation).

3. Shorn off all necessary details, the facts relevant to adjudicate the lis are hereinto spelt out.

The petitioner claims to be the Chairman of the Standing Committee of the L.M.C. The respondent No. 4 is a member of the standing committee of L.M.C. The respondent No. 4 on or about 28.05.2019 tendered his resignation from the post of member of the Standing Committee. On 20th June, 2019, the resignation of the respondent No. 4 was accepted by the erstwhile Mayor. The respondent No. 4 did not attend a single meeting of the standing committee from July 2019 to 21.12.2019. On 11.12.2019 a letter is issued by the respondent No. 4 to the respondent No. 3 that on 28.05.2019, he had tendered his resignation as a member of the standing committe

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