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High Court

Bombay High Court Overrules Full Bench: Post-Poll Aghadi Under Section 63(2B) of Maharashtra Municipal Councils Act Attracts Full Disqualification Regime Under Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that the legal fiction in the proviso equates post-poll Aghadi with pre-poll Aghadi for all purposes, including disqualification for defection, and not merely for representation in subject committees.

16 Jul 2024

The case involves a reference to a larger bench of the Bombay High Court to resolve a conflict regarding the interpretation of the second Proviso to S...

High Court

Bombay High Court Quashes Commissioner's Disqualification Order in Municipal Councillor Case — Suo Motu Disqualification Without Election Petition Challenged. Commissioner lacks power under Section 12 of Maharashtra Municipal Corporation Act, 1949 to disqualify a councillor on ground of having more than two children under Section 10(1)(i) when no election petition was filed and nomination objection was rejected.

17 Oct 2019

The petitioner, Umesh Deorao Pawale, was elected as a councillor of Nanded Waghala City Municipal Corporation in 2012. His election was challenged by ...

Supreme Court

Supreme Court Dismisses Appeals Against Byelection Notification in Municipal Corporation Casual Vacancy Case. Filing of Election Petition Under Section 33 of Mumbai Municipal Corporation Act, 1888 Does Not Bar State Election Commission from Filling Casual Vacancy Under Section 9.

5 Aug 2019

The Supreme Court dismissed appeals against the Bombay High Court's judgment upholding the State Election Commission's notification for byelections to...

Supreme Court

Supreme Court Upholds Disqualification of Municipal Councillor for Spouse's Unauthorized Construction Under Section 44(1)(e) of Maharashtra Municipal Council Act. The court held that the provision imposes strict liability on the Councillor for constructions by her spouse, without requiring her knowledge or involvement.

22 Apr 2019

The appellant, Sampada Yogesh Waghdhare, was elected as a Municipal Councillor and later as President of the Council on 11.02.2015. The second respond...

High Court

Bombay High Court Quashes Disqualification of Councillor in Municipal Council Dispute — Lack of Evidence and Procedural Violations. Disqualification order set aside as the State Government failed to provide opportunity of hearing and relied on unsubstantiated allegations under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

7 Jun 2016

The petitioner, Nandkumar alias Laxman Sahadu Borude, was an elected councillor of the Municipal Council, Shrigonda, having been elected in 2014. He c...

High Court

Bombay High Court Quashes Disqualification of Councillor Under Maharashtra Municipal Corporation Act — Commissioner's Order Set Aside for Violation of Natural Justice and Lack of Jurisdiction. The Court Held That the Power Under Section 10(1D) Must Be Exercised After Giving a Reasonable Opportunity of Hearing and by a Reasoned Order.

6 Apr 2016

The petitioner, Shri Mallesh Shivan Shetty, was elected as a councillor from Ward No. 42 of Kalyan Dombivali Municipal Corporation in October/November...

High Court

Bombay High Court Upholds Disqualification of Municipal Councillor for Defying Party Whip Under Maharashtra Local Authority Members Disqualification Act, 1986. The Court held that the Petitioner's act of voting against the party whip constituted defiance, warranting disqualification under Section 3(1)(b) of the Act.

18 Jul 2014

The Petitioner, Mrs. Sulabha Vijay Lokhande, was a Municipal Councillor in Panchgani Municipal Council, elected as an independent candidate in Decembe...

High Court

Bombay High Court Dismisses Disqualification Petition Against Councillor for Merger of Municipal Party - Merger of Shivsena Municipal Party with NCP Municipal Party Valid Under Section 5(1)(c) of Maharashtra Local Authority Members' Disqualification Act, 1986 as Shivsena Had Only One Member in Corporation.

27 Apr 2011

The petitioner, Sunil Supadu Mahajan, a municipal councillor of Jalgaon Municipal Corporation, filed two writ petitions challenging the dismissal of h...

High Court

Bombay High Court Dismisses Petition Challenging Councillor's Disqualification Under Section 16(1D) of Mumbai Municipal Corporation Act, 1888 — No Disqualification Found as Respondent No.3 Was Not a Defaulter.

9 Aug 2006

The petitioner, Edwin Francis Britto, filed a writ petition challenging an order dated 8th January 2004 passed by the Additional Municipal Commissione...

High Court

Bombay High Court Dismisses Writ Petition Challenging Municipal Council Election for Lack of Jurisdiction Under Article 226. Election Dispute Must Be Raised by Election Petition Under Section 16 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

30 Nov -0001

The petitioner, Jagannath Gawaji Chavan, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad...

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