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High Court

High Court of Karnataka Quashes Disqualification of Municipal Members Under Anti-Defection Law — No Defection Found as Members Voted Against Party Whip in President Election Without Express Direction. Karnataka Local Authorities (Prohibition of Defection) Act, 1987 — Sections 3 and 4 — Disqualification set aside as whip was not issued by authorized person and members did not voluntarily give up membership.

16 Dec 2022

The petitioners, three women members of the Town Municipal Council, Mahalingapur, belonging to the Bharatiya Janata Party (BJP), were disqualified by ...

High Court

Bombay High Court Allows Writ Petition Challenging Disqualification of Municipal Council Members Under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 — Violation of Principles of Natural Justice and Lack of Speaking Order. The court set aside the disqualification order passed by the Collector, Chandrapur, and directed reinstatement of the petitioners as members of the Municipal Council, Nagbhid.

6 Dec 2019

The petitioners, Dinesh Gawande, Shirish Wankhede, and Sanjay Amrutkar, were elected members of the Municipal Council, Nagbhid, in Chandrapur district...

High Court

Bombay High Court Allows Petition of Elected President in Municipal Council Disqualification Dispute — President Retains Authority to Preside Despite Notice of Disqualification. No Disqualification Without Final Order Under Maharashtra Municipal Councils Act, 1965.

22 Jan 2019

The petitioner, Dr. Gazala Yasmeen, was elected as President of Mangrulpir Municipal Council on 31st December 2016 under Section 51A1A(1) of the Mahar...

High Court

Bombay High Court Quashes Divisional Commissioner's Order in Municipal Disqualification Case. Court Holds That Independent Corporator Cannot Be Treated as Member of Political Party Without Consent Under Maharashtra Local Authority Members Disqualification Rules, 1987.

6 Mar 2018

The petitioner, Lokashahi Aghadi, through its leader Shital Gaikwad, filed a writ petition challenging a communication dated 7.4.2017 issued by the Di...

High Court

Bombay High Court Dismisses Writ Petition Challenging Order Setting Aside Election of Councilor for Non-Disclosure of Criminal Cases. Failure to Disclose Pending Criminal Cases in Affidavit Under Section 5A of Maharashtra Municipal Corporations Act, 1949 Renders Election Void.

22 Jan 2018

The petitioner, Shri Rajendra Jayant Devalekar, was elected as a Councilor of the Kalyan-Dombivli Municipal Corporation in the 2015 elections. Respond...

High Court

Bombay High Court Quashes Collector's Order Removing Group Leader in Municipal Council — Political Party Suspension Cannot Automatically Disqualify Councilor Under Maharashtra Local Authority Members' Disqualification Rules, 1987. Collector Acted Without Jurisdiction by Deleting Petitioner's Name as Group Leader Based on Mere Party Communication Without Following Prescribed Procedure Under the Rules.

16 Jul 2014

The petitioner, Shrikant @ Balasaheb M. Chaudhari, was a councilor and Group Leader (Gat Neta) of the Municipal Council, Yavatmal. The Collector, Yava...

High Court

Bombay High Court Dismisses Writ Petition Challenging Disqualification of Councilors for Defection. Councilors who voluntarily gave up membership of their political party and voted against party whip under Sections 3(1)(a) and 3(1)(b) of Maharashtra Local Authorities Members' Disqualification Act, 1986 are disqualified.

10 Dec 2013

The petitioners, ten councilors of the Municipal Council, Saoner, filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

High Court

Bombay High Court Dismisses Revision Application of Councilor Challenging Disqualification for Contract with Municipal Corporation. Contract with Corporation Through Proprietary Firm Attracts Disqualification Under Section 10(i)(f) of Bombay Provincial Municipal Corporation Act, 1949.

21 Oct 2013

The applicant, Manohar Krishna Madhavi, contested and won the election for councilor from ward no. 38 of Navi Mumbai Municipal Corporation in March 20...

High Court

Bombay High Court Dismisses Petition Seeking Declaration as Nominated Councilor in Municipal Council — Petitioner Failed to Establish Entitlement to Nomination Under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The court held that nomination under Section 10 of the Act is a discretionary power of the State Government and cannot be claimed as a matter of right, thus no writ of mandamus lies.

5 Feb 2013

The petitioner, Vinod Gopichand Rathod, filed a writ petition in the Bombay High Court, Aurangabad Bench, seeking a writ of mandamus to direct the Col...

High Court

Bombay High Court Upholds Disqualification of Councillor for Defection Under Maharashtra Local Authority Members Disqualification Act, 1986 — Failure to Prove Merger of Original Political Party Results in Confirmation of Disqualification Order.

30 Nov -0001

The case involves two writ petitions filed by councillors of the Municipal Council, Sonpeth, challenging their disqualification under the Maharashtra ...

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