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2023 Supreme(Bom) 407

ARUN R. PEDNEKER
Shobha W/o. Arun Nemade – Appellant
Versus
State of Maharashtra, Through the Secretary, Department of Urban Development – Respondent


Advocates Appeared:
For the Petitioners:Mr. Rajendrraa Deshmukh, Senior Advocate along with Advocate Shriram V. Deshmukh i/b. Mr. Hareshkumar D. Patil and Mr. Devang R. Deshmukh.
For the Respondents:Mr. D.R. Kale, G.P., Mr. V.D. Hon, Senior Advocate i/b. Mr. A.V. Hon, Mr. N.R. Dayama

JUDGMENT :

1. By the present Writ Petitions, the petitioners are challenging the order dated 18.10.2022 passed by the Principal Secretary of Urban Department, Jalgaon – respondent no.1, dismissing the appeal filed by the petitioners and confirming the order dated 18.07.2022 passed by the Collector, Jalgaon – respondent no.2 whereby the application for disqualification of the petitioners filed by the respondent no.4 under Section 7 of the Maharashtra Local Authority Members’ Disqualification Act, 1986 [for short ‘the Act of 1986’] is allowed.

2. Both the Writ Petitions are taken up together for hearing since the common question of fact and law are involved.

Brief facts leading to filing the present Writ petitions can be summarized as under:

3. The petitioners in both Writ Petitions and the respondent no. 4 – complainant were elected in the general election of the Bhusawal Municipal Council from the Bhartiya Janta Party [for short ‘BJP’]. The term of the Municipal Council was from 28th November, 2016 to 29th December, 2021. On completion of the term, the State appointed an Administrator on 27.12.2021. However, on 17th December, 2021 the petitioners joined the group of Nationalist Congres

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