Advocates:
['SHAH SUBODH P', 'CAVEAT FILED BY ADV A B GIRASE', '', 'G P', 'A B GIRASE', 'TO AND', 'D S BAGUL', 'R', '', 'AND SERVED', 'BOLKAR YOGESH B', '', '']

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wp5247-12

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 5247 OF 2012

Shobha Dipak Behde

PETITIONER

Age-48 years, Occ-Household

R/o 146, Main Road,

Yawal, District-Jalgaon

VERSUS

1.

Umakant Reva Fegade

RESPONDENTS

Age-36 years, Occ-Business,

R/o Mahajan Galli,

Yawal, District-Jalgaon

2.

Sau. Neelima Hemraj Jangale

Age-45 years, Occ-Household,

R/o Main Road,

Yawal, District-Jalgaon

3.

Sau. Madhuri Hemraj Fegade

Age-32 years, Occ-Household,

R/o Mahajan Galli,

Yawal, District-Jalgaon

4.

Shahnajbeen Shaikh Ayub

Age-49 years, Occ-Household,

R/o Babujipura,

Yawal, District-Jalgaon

5.

Shri. Deoram Krushna Rane

Age-72 years, Occ-Agriculturist,

R/o Ganesh Nagar,

Yawal, District-Jalgaon

6.

Atul Vasant Patil,

Age-38 years, Occ-Agriculturist,

R/o Ganesh Nagar,

Yawal, District-Jalgaon

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7.

Sau. Poornima Rajendra Phalak,

Age-30 years, Occ-Business,

R/o Mahajan Galli,

Yawal, District-Jalgaon

8.

Sau. Sandhya Pundlik Bari,

Age-31 years, Occ-Household,

R/o Bari Wada,

Yawal, District-Jalgaon

9.

Sau. Shahinbeen Abdul Rashid Maniyar,

Age-39 years, Occ-Household,

R/o Maniyar Wada,

Yawal, District-Jalgaon

10.

Sau. Rajiyabee Gulam Rasul,

Age-52 years, Occ-Household,

R/o Khrinipura,

Yawal, District-Jalgaon

11.

The Municipal Council, Yawal,

Through Chief Officer,

Municipal Council,

Yawal, District-Jalgaon

12.

The Collector, Jalgaon

District-Jalgaon

.......

Mr. P.M.Shah, Senior Advocate with Mr. A.N.Sabnis, h/f Mr.

S.P.Shah, Advocate for the petitioner

Mr. D.B.Bhange, AGP for respondent State

Mr. V.J.Dixit, Senior Advocate with Mr. A.B.Girase, Advocate for

respondents No.1, 3, 6 to 8 and 10.

Mr. V.J.Dixit, Senior Advocate with Mr. Y.B.Bokar, Advocate for

respondents No. 2, 5, and 9

Mr. D.S.Bagul, Advocate for respondent No.11

.......

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[CORAM : SUNIL P. DESHMUKH, J.]

HEARD AND RESERVED ON : 26

^th FEBRUARY, 2014

HEARD AGAIN AND RESERVED ON: 23RD APRIL, 2014

PRONOUNCED ON : 09

^TH

MAY, 2014

JUDGMENT:

1.

Rule. Rule made returnable forthwith and heard finally

with consent of learned advocates for the parties.

2.

The matter was heard and Mr. Girase learned counsel

appearing for respondents no. 1,3,6 to 8 and 10 submitted that

he would furnish written notes of arguments along with

authorities and a brief synopsis with index. The matter was

initially reserved for judgment on 26-02-2014. On 04-04-2014,

Mr. Girase sought time for aforesaid purpose. On 23-04-2014,

parties were heard again for quite some time in the matter. Then

as well, Mr. Girase sought time for the purpose referred to

hereinbefore. The matter as such was reserved for judgment.

Subsequently, Mr. Girase submitted written notes of arguments on

28-04-2014.

3.

Petitioner questions propriety, legality and validity of

order dated 30^th April, 2012 passed in Disqualification Petition No.

26 of 2011 by the District Collector, Jalgaon and prays to quash

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and set aside said order under a writ of certiorari or any other

appropriate writ, order or direction and consequently to allow said

disqualification petition with a declaration that respondents No.1

to 10 stand disqualified under section 3 (2) of Maharashtra Local

Authorities Members’ Disqualification Act, 1986 (herein after for

the sake of brevity will be referred to as “MLAMD Act”).

4.

Results of elections to Municipal Council, Yawal were

declared on 12-12-2011. Respondents No.1 to 10 were elected as

members to said Municipal Council, as independent candidates in

status. Membership strength of various parties and candidates in

said elections of Municipal Council, Yawal, was as follows :

i)

Khandesh Vikas Aghadi

-

04 Councillors

ii)

Nationalist Congress Party

-

02 Councillors

iii)

Congress – (I)

-

02 Councillors

iv)

Independents

-

11 Councillors

5.

Upon declaration of election results on 12-12-2011,

on the