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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 Dismisses Writ Petition Challenging Disqualification of MLAs Under Tenth Schedule. Speaker's Order Upheld as Valid Exercise of Constitutional Authority Under Article 191(2) and Paragraph 2(1)(a) of Tenth Schedule.

2 May 2023

The petitioner, Girish Chodankar, filed a writ petition under Article 226 of the Constitution challenging the order of the Speaker of the Goa Legislat...

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

High Court of Karnataka Quashes Disqualification of Municipal Councillors for Violation of Natural Justice — Deputy Commissioner's Order Set Aside for Non-Compliance with Section 3(3) of Karnataka Local Authorities (Prohibition of Defection) Act, 1987. The court held that the mandatory requirement of affording a reasonable opportunity of hearing before disqualification was not complied with, rendering the order a nullity.

25 Sep 2021

The petitioners, seven municipal councillors of the City Municipal Council, Kollegal, challenged an order dated 06.09.2021 passed by the Deputy Commis...

High Court

Bombay High Court Upholds Disqualification of Councillor for Joining Aghadi Post-Election Under Maharashtra Local Authority Members' Disqualification Act, 1986. Formation of Aghadi or Front by elected councillors of recognized parties after election amounts to defection and attracts disqualification under Section 3 of the Disqualification Act.

5 Nov 2020

The petitioner, Ibrahim @ Arif Kadir Deshmukh, was elected as a Councillor of Sangamner Municipal Council for the term 2016-2021 as a candidate of the...

High Court

High Court of Karnataka Issues Judgment in W.A.No.1319/2018 and Connected Appeals Regarding Disqualification of MLAs for Defection. The Court Evaluates Whether Single Judge Erred in Directing Speaker to Decide Disqualification Petition Within a Fixed Time.

7 May 2018

The Karnataka High Court division bench heard intra-Court appeals filed against the order dated 24.04.2018 of a single Judge in W.P. Nos. 12338-12339/...

High Court

High Court of Judicature at Bombay, Bench at Aurangabad Sets Aside Stay Order Passed by Minister in Disqualification Appeal Under Maharashtra Local Authority Members' Disqualification Act, 1986. Minister Had No Jurisdiction to Grant Stay Absent Express Statutory Provision; Implied Powers Not Available in Special Statute.

4 May 2018

Background: The dispute arose from a disqualification petition filed by the petitioners, who were members of the Zilla Parishad, Beed, against respond...

High Court

High Court of Bombay at Goa Dismisses Congress Plea to Disqualify MLA Under Tenth Schedule Due to Resignation Before Speaker's Decision. Court Holds That Resignation Ousts Speaker's Jurisdiction and No Writ Under Article 226 Can Issue to Declare Disqualification.

11 Oct 2017

The Indian National Congress and several of its MLAs filed a writ petition under Article 226 before the High Court of Bombay at Goa, seeking a declara...

High Court

High Court of Karnataka Quashes Disqualification of Councilors for Violating Party Whip in Municipal Election — Procedural Lapses and Lack of Opportunity to Show Cause Render Disqualification Order Invalid. The court held that disqualification under the Karnataka Local Authorities (Disqualification of Defection) Act, 1987 requires strict compliance with natural justice and proof of valid whip.

29 Jun 2017

The petitioners, Smt. Hemalata Suguresh Nagaloti and Sri. Hussainsab Shamidsab Bhagwan, were elected councilors of the City Municipal Council, Ilkal, ...

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...

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