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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

Karnataka High Court Allows Councillors' Appeals Against Disqualification for Defection Under Karnataka Municipalities Act, 1964 — Holds That Disqualification Proceedings Must Be Initiated Within Reasonable Time and Delay Amounts to Waiver.

29 Jun 2021

The case involves a batch of writ appeals filed by councillors of various town municipal councils and town panchayats in Belagavi district, Karnataka,...

High Court

Karnataka High Court Allows Councillors' Appeals Against Disqualification for Defection Under Karnataka Municipal Corporations Act, 1976 — Holds That Disqualification Proceedings Must Be Initiated by the Competent Authority Within a Reasonable Time and That the Doctrine of Waiver Applies to Delay.

29 Jun 2021

The case involves multiple writ appeals filed by councillors of various town municipal councils and town panchayats in Karnataka, who were disqualifie...

High Court

Karnataka High Court Allows Councillors' Appeals Against Disqualification for Defection Under Karnataka Municipalities Act, 1964 — Holds That Disqualification Proceedings Must Comply With Natural Justice and Specific Statutory Provisions. The court set aside the disqualification orders and remanded for fresh consideration after providing notice and hearing.

29 Jun 2021

The judgment pertains to a batch of writ appeals filed by councillors of various town municipal councils and town panchayats in Karnataka, challenging...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Application to Place Additional Documents in Disqualification Case. Subsequent Conduct After Disqualification Order Held Irrelevant for Judicial Review Under Tenth Schedule.

1 Jan 2020

The appeal arose from an interlocutory order of the Delhi High Court rejecting an application filed by the appellant, Ram Chandra Prasad Singh, seekin...

High Court

High Court of Karnataka Dismisses Quo Warranto Petitions Challenging Appointment of Parliamentary Secretaries. Petitioners failed to establish that the appointments violated Article 164(1A) of the Constitution of India as the incumbents were not Members of the Legislative Council.

24 Apr 2018

The petitioners, two Members of the Karnataka Legislative Assembly, filed writ petitions under Articles 226 and 227 of the Constitution of India seeki...

High Court

Bombay High Court Upholds Disqualification of Councillors Under Maharashtra Municipal Corporations Act for Defection — No-Confidence Motion Against Mayor Not a 'Split' Under Tenth Schedule Analogous Provisions.

11 Apr 2016

The judgment concerns two writ petitions filed by councillors of the Akola Municipal Corporation challenging their disqualification by the Divisional ...

High Court

Bombay High Court Partially Allows Appeal in Criminal Conspiracy and Assault Case — Conviction of Appellant No.1 for Obscene Acts and Extortion Set Aside Due to Lack of Evidence, While Conviction for House Trespass and Wrongful Confinement Upheld for All Appellants. The court held that the prosecution failed to prove criminal conspiracy under Section 120B IPC and that the convictions under Sections 292, 385, and 355 IPC were not sustainable for appellant no.1.

14 Jul 2015

The appellants, Raju @ Ajit Sarfraj Tadvi, Shantaram Manil Sonawane, and Dhanraj Parashuram Chaudhari, were prosecuted for various offences under the ...

High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Councillor Under Maharashtra Local Authority Members Disqualification Act, 1986. Failure to Comply with Whip Issued by Group Leader Constitutes Defection Under Section 3(1)(a) of the Act.

26 Feb 2015

The petitioner, Avinash Mardikar, was elected as a councillor of the Amravati Municipal Corporation and appointed as group leader of a coalition (Agha...

High Court

Bombay High Court Upholds Disqualification of Panchayat Samiti Members for Defying Party Whip in Chairman Election. Disqualification under Section 3(1)(b) of Maharashtra Local Authority (Members Disqualification) Act, 1986 valid as petitioners voted against party candidate despite valid whip.

11 Jul 2011

The petitioners, Tukaram Ganpat Kale and another, were elected as members of Panchayat Samiti, Indapur on 23 February 2007. Respondent No.1, Ankush Ko...

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