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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 Divisional Commissioner's Order Declaring Group Leader of BJP Municipal Party for Lack of Jurisdiction. Commissioner Cannot Decide Group Leadership Under Maharashtra Local Authority Members' Disqualification Act, 1986 as Power is Limited to Disqualification of Members.

12 Aug 2022

The petitioner, Bhagatram Ravalmal Balani, was elected as a councillor of the Jalgaon Municipal Corporation in 2018 on a BJP ticket. After the electio...

High Court

Bombay High Court Allows Writ Petition Challenging Collector's Approval of New Group Leader in Panchayat Samiti Party — Order Quashed for Violation of Natural Justice. Petitioner's Removal Without Notice Held Invalid Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

30 Mar 2021

The petitioner, Sau. Sangeeta Shinde, was elected as Gatneta (Group Leader) of the Indian National Congress party in the Shrirampur Panchayat Samiti, ...

High Court

Bombay High Court Dismisses Petition Challenging Change of Group Leader in Municipal Council. Collector's Recognition of New Gatneta Based on Majority Decision of Party Members Upheld.

27 Apr 2018

The petitioner, Mangesh Tambe, a Municipal Councillor of Parola and elected from Shivsena party, challenged the Collector's communication dated 15.12....

High Court

Bombay High Court Considers Disqualification of Councillors Under Maharashtra Local Authority Members' Disqualification Act, 1986. Reference to Larger Bench Addresses Meaning of 'Aghadi' and 'Original Political Party' Post-Elections.

29 Jun 2016

The writ petition arose from the disqualification of five councillors of Navapur Municipal Council under the Maharashtra Local Authority Members' Disq...

High Court

Bombay High Court Quashes Appointment of Group Leader in Municipal Corporation Due to Non-Compliance with Statutory Rules. The Court held that the Divisional Commissioner failed to follow the mandatory procedure under Rule 4 of the Maharashtra Municipal Corporations (Procedure for Conduct of Business of the Corporation and Committees) Rules, 1994 before recognizing a change in group leadership.

26 Feb 2015

The petitioner, Ajay Gondane, was a councilor of the Amravati Municipal Corporation belonging to the Bahujan Samaj Party. He was nominated as group le...

High Court

Bombay High Court Dismisses Petition Challenging Recognition of Party Leader in Municipal Corporation. The court upheld the Divisional Commissioner's order recognizing respondent No.3 as the leader of the Nationalist Congress Party under the Maharashtra Local Authority Members Disqualification Act, 1986, as the petitioner failed to prove his claim.

22 Aug 2014

The petitioner, Avinash Gulabrao Mardikar, filed a writ petition challenging the order of the Divisional Commissioner, Amravati Division, dated 16/06/...

High Court

Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Mayor in Municipal Law Case — Motion Valid as No Disqualification Proceedings Were Pending at Time of Notice. The court held that a councillor who signed the no-confidence notice was not disqualified under the Maharashtra Local Authorities Members (Disqualification) Act, 1986, as the disqualification petition was filed after the notice, and the motion procedure under Section 55A of the Maharashtra Municipal Corporations Act, 1949 was valid.

7 May 2014

The petitioner, Sanjay Sudhakar Jadhav, filed a writ petition challenging a no-confidence motion passed against the Mayor of Dhule Municipal Corporati...

High Court

Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

11 Oct 2013

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

High Court

Bombay High Court Upholds Disqualification of Councillors for Defection Under Maharashtra Local Authorities Members' Disqualification Act, 1986. Petitioners disqualified for remainder of term for voluntarily giving up membership of political party by joining rival party after election.

7 May 2012

The judgment concerns two writ petitions filed by elected councillors of the Municipal Council, Loha, District Nanded, challenging their disqualificat...

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