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WRIT PETITION NO.4872 OF 2006

High Court: Bombay High Court Bench: AURANGABAD
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2026-08-08 07:45:35
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Issue of Consideration

Whether the adjournment of the meeting scheduled on 29.06.2006 for election of Mayor and Deputy Mayor of Dhule Municipal Corporation was legal, and whether the subsequent notice for meeting on 28.07.2006 was valid.

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Case Details

2006 LawText (BOM) (09) 16

Writ Petition No.4872 of 2006 and Writ Petition No.4883 of 2006

2006-09-25

P.V. Hardas, D.G. Karnik

Mr R.N. Dhorde, Mr S.K. Kadam, Mr S.T. Shelke, Mr P.R. Katneshwarkar, Mr V.D. Hon, Mr V.P. Latange, Mr A.D. Pawar, Mr P.M. Shah, Mr A.S. Sawant, Mr Shekhar Naphade, Mr R.S. Deshmukh, Mr V.D. Salunke, Mr Amol Sawant

Chandrashekhar s/o Rohidas Dusane, Pradip s/o Balasaheb Karpe, Adv. Smt. Alka Ashok Yawalkar, Smt. Jyotsna Milind Mundada

The State of Maharashtra, The State Election Commission, Bhagwan s/o Rambhau Karankar, Santosh s/o Baburao Mahanar, The Municipal Corporation Dhule, The Secretary The Municipal Corporation Dhule, Khandu Devala Mistri, Pathan Ismail Khan Hazi Likman, N.U. Pawar

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging the adjournment of the meeting for election of Mayor and Deputy Mayor of Dhule Municipal Corporation and the subsequent notice for meeting.

Remedy Sought

The petitioners sought a writ of mandamus to convene the adjourned meeting for transacting business of election of Mayor, alternatively direct State Election Commission to arrange elections, and prohibit respondents no.7 & 8 from acting as Mayor and Deputy Mayor. Also quash notice dated 14.07.2006 for convening meeting on 28.07.2006.

Filing Reason

The meeting scheduled on 29.06.2006 for election of Mayor and Deputy Mayor was adjourned without completing elections due to chaos, and a subsequent notice was issued to hold meeting on a later date, which the petitioners claimed was invalid.

Previous Decisions

Interim stay granted on 18.07.2006 against the meeting scheduled on 20.07.2006, which was continued till final disposal.

Issues

Whether the adjournment of the meeting on 29.06.2006 was proper and legal. Whether the subsequent notice dated 14.07.2006 to reconvene the meeting on 28.07.2006 was valid. Whether the State Election Commission had jurisdiction to conduct the elections to the offices of Mayor and Deputy Mayor. Whether the elections to Mayor and Deputy Mayor were validly conducted. Whether respondents no.7 and 8 were validly elected as Mayor and Deputy Mayor.

Submissions/Arguments

The petitioners submitted that the meeting was adjourned due to chaos without transacting any business, and no elections were held. The petitioners argued that the subsequent notice to hold the meeting after the expiry of the term was illegal. The petitioners claimed that the State Election Commission had jurisdiction and should conduct the elections.

Judgment Excerpts

the meeting which was scheduled to be held on 29.6.2006 at 11 a.m. commenced as per the schedule. In the entire process, according to the petitioners, chaos and pandemonium prevailed and, therefore, the Presiding Officer i.e. respondent no.3 Mayor had no other alternative but to adjourn the meeting.

Procedural History

Dhule Municipal Corporation established on 30.06.2003. General elections held on 13.12.2003. Elections for Mayor and Deputy Mayor held on 30.12.2003, with respondents no.3 and 4 elected. Their term ended on 30.06.2006. Notice dated 20.06.2006 issued for special meeting on 29.06.2006 for election of Mayor and Deputy Mayor. Meeting held and adjourned without completing elections. Notice dated 14.07.2006 issued for meeting on 28.07.2006. Writ petitions filed challenging adjournment and subsequent notice. Interim order on 18.07.2006 staying meeting scheduled on 20.07.2006, extended. Judgment reserved on 11.08.2006, pronounced on 25.09.2006.

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Tags :
Mayor election adjourned meeting writ of mandamus State Election Commission Dhule Municipal Corporation O.B.C. reservation

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