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2021 Supreme(Bom) 1062

N.J.JAMADAR
Sanjay Nathalal Gohil – Appellant
Versus
Ajay Bhaskar Ahire – Respondent


Advocates appeared:
Subodh P Shah, Advocate, Mahesh Deshmukh, Advocate, R.D. Sanap, Advocate, R.N. Dhorde, Advocate, V.R. Dhorde, Advocate, S.P. Shah, Advocate

JUDGMENT

N J Jamadar, J. - Rule. Rule made returnable forthwith and with the consent of the Counsels for the parties, heard finally at the stage of admission.

2. This petition under Article 226 of the Constitution of India takes exception to an order passed by the District Collector, dated 23rd January 2019 on Application No. 27/2019, whereby the election of the petitioner as the President of the Municipal Council, Pachora was declared to be deemed to have been terminated for failure to submit the caste validity certificate within the period stipulated under Section 51-1B of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965 (Act 1965).

3. The background facts, leading to this petition, can be stated in brief as under :

a) The petitioner had contested election to the post of the President of Pachora Municipal Council, which was reserved for the candidates belonging to Scheduled Caste. On 28th November 2016, the petitioner was declared elected for the post of the President of Municipal Council. While submitting nomination form, the petitioner had furnished true copy of the application preferred by him to the Scrutiny Committee for issue of validity ce

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