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2021 Supreme(Bom) 457

MANGESH S.PATIL
Shri Gulabrao S/o Ananda Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Appellant :Mr. A.B.Girase and Y.B.Bolkar, Advocates
For the Respondent:Mr. K.B.Jadhavar, Mr.Chaitanya Deshpande, Mr. Mukul Kulkarni, Advocate

JUDGMENT :

Since these are counter Writ Petitions and a common question of law based on same facts arises in both these Petitions, these are being disposed of by this common judgment.

2] Heard both the sides. Rule. The Rule is made returnable forthwith. The learned advocates and the learned A.G.P. for the respective respondents in both these petitions waive service. At their request, the matters are heard finally at the stage of admission.

3] For the sake of convenience and in order to avoid confusion, individual parties would hereinafter be referred to by their first names.

4] The common question that arises for determination is as to whether the Divisional Commissioner as a delegate of the State Election Commission has the powers to increase the period of disqualification fixed by the Collector as a delegate of State Election Commission under sub-Section 1 of Section 15B of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (hereinafter the Z.P. Act]. The question arises from a chequered history, the relevant facts being as follows:

    (i) The petitioner Gulabrao contested the election of Panchayat Samiti,Dhule which was held under the Z.P. Act on 2/12/2013 but did not succe

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