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2023 Supreme(Bom) 39

R. D. DHANUKA, M. M. SATHAYE
Hanif Musa Kazi – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Chintamani K. Bhangoji with Mr. Hamid Mulla, Advocate
For the Respondent:Mr. A.I. Patel, Mrs. M.S. Bane, Mr. Shashank C. Mangle Advocate

JUDGMENT

M.M.SATHAYE, J.

1. Rule. The learned AGP waives service for Respondent Nos. 1 and 3. Adv. Mangale waives service for Resp. No. 2. Rule made returnable forthwith. The Petition is heard finally by consent of the parties.

2. By this Petition, filed under Article 226 of the Constitution of the India, the Petitioner seeks writ of Certiorari for quashing and setting aside order dated 25th November 2021 passed by the Respondent No. 3- Collector, Ratnagiri, exercising powers under Section 16(1)(1C)(b) and other enabling provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 (hereinafter referred to as “the said Act”), thereby disqualifying the Petitioner from being a member of Respondent No. 2 -Municipal Council or to be elected as such, from 22nd May 2017, for a period of 6 years.

3. The brief facts of the case, necessary for disposal of this Petition are as under:-

    (a) The Petitioner contested the election from a reserved category and was elected as President of Respondent No. 2 Rajapur Municipal Council in the year 2016. The Petitioner contested the said election on the claim that he belongs to Machhimar (Daldi) community and as such a m

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