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2021 Supreme(Bom) 264

MANISH PITALE
Kalmati Ramkrupal Yadav – Appellant
Versus
Chandrapur City Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.A. Dhawas, Advocate
For the Respondent:Mr. M.I. Dhatrak, Advocate

JUDGMENT :

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2) Rule. Rule made returnable forthwith. The Writ Petition is heard finally with the consent of learned counsel for the rival parties.

(3) The spread of COVID-19 virus and consequent countrywide lockdown imposed in March 2020 has led to a situation wherein the petitioner claims that she has been wrongly held to be disqualified from holding the elected post of member of the Chandrapur Municipal Corporation. The petitioner claims that the impugned order dated 23/06/2021 passed by the respondent is rendered unsustainable, although it is based on a mandatory provision of the Maharashtra Municipal Corporations Act, 1949, because of the situation created by the aforesaid lock-down and orders passed in that context by the Hon’ble Supreme Court in a suo-moto proceeding, with a view to provide succour to individuals like the petitioner who were caught unawares in the crisis created by the COVID-19 virus.

(4) The petitioner was elected as Member of the Municipal Corporation of Chandrapur from a seat reserved for the Other Backward Class (women category). By a

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