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High Court

Karnataka High Court Allows Appeals of Councillors Against Dismissal of Writ Petitions Challenging Disqualification for Defection Under Karnataka Municipal Corporations Act, 1976 — Holds That Single Judge Erred in Dismissing Petitions at Threshold Without Considering Merits and That Disqualification Proceedings Must Comply With Principles of Natural Justice.

29 Jun 2021

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

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 Appeals of Councillors Against Disqualification Orders in Election Dispute — Holds That Show-Cause Notice Must Precede Disqualification Under Section 16 of Karnataka Municipalities Act, 1964. Absence of Show-Cause Notice Violates Natural Justice and Renders Disqualification Void.

29 Jun 2021

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

High Court

Karnataka High Court Allows Appeals of Councillors Against Disqualification Orders in Election Dispute — Holds That Show-Cause Notice Must Precede Disqualification Under Section 16 of Karnataka Municipalities Act, 1964. The court ruled that natural justice requires prior notice and hearing before declaring a vacancy for non-attendance of meetings.

29 Jun 2021

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

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...

High Court

Karnataka High Court Allows Appeals of Councillors Challenging Disqualification Orders in Election Dispute — Holds That Show-Cause Notice Must Contain Specific Allegations and That Disqualification Cannot Be Based on Non-Specified Grounds Under Karnataka Municipalities Act, 1964.

29 Jun 2021

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

High Court

Bombay High Court Allows Writ Petition Challenging Dismissal of Election Petition as Premature — Holds That Election Petition Under Section 21 of Maharashtra Municipal Councils Act, 1965 Can Be Filed Before Notification of Result Under Section 20(4). The court ruled that the election petition challenging the election of a councillor is maintainable even if filed before the formal notification of the result, as the declaration of result is the operative event.

4 Apr 2018

The petitioner, Sameer Janardan Shedge, filed an election petition under Section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Indust...

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 Allows Writ Petition Challenging District Court Order in Municipal Election Disqualification Case. Section 16(1)(K) of Maharashtra Municipal Council and Nagar Panchayat Act, 1965 disqualifies a candidate whose spouse has children from a previous marriage, as the word 'couple' includes both spouses.

20 Dec 2011

The petitioner, Sow. Girika Pandit, and respondent nos. 3 to 5 filed nominations for the election of Councillor of Gevrai Municipal Council from Ward ...

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