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Search Results for "Councillor Election"

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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 Allows Petition of Nominated Councillor Challenging Disqualification Under Section 10(1E) of Maharashtra Municipal Corporation Act, 1949. Nominated Councillor Not Subject to Disqualification for Failure to Submit Election Expenses as They Do Not Contest Elections.

4 May 2022

The case involves a reference made by a learned Single Judge of the Bombay High Court to a Division Bench to resolve a conflict regarding the applicab...

High Court

Bombay High Court Dismisses Petition Challenging Appointment of Nominated Councillor as Leader of House in Pune Municipal Corporation. Section 19-1A of Maharashtra Municipal Corporation Act, 1949 Does Not Require Leader to Be Elected Councillor; Term 'Councillor' Includes Nominated Members.

28 Feb 2022

The Bombay High Court dismissed a writ petition challenging the appointment of a nominated Councillor as Leader of the House in the Pune Municipal Cor...

High Court

Bombay High Court Dismisses Petitions Challenging Disqualification of Municipal Corporator for Illegal Construction and Encroachment. Disqualification under Section 10(1D) of Maharashtra Municipal Corporations Act, 1949 upheld based on findings of unauthorized construction and encroachment by the elected member.

23 Mar 2021

The judgment arises from two writ petitions filed by Mrs. Tilottama Sanjay Kinkhede (WP 5075/2019) and Mrs. Pragati Ajay Patil (WP 6236/2019) concerni...

High Court

Bombay High Court Quashes Commissioner's Disqualification Order in Municipal Councillor Case — Suo Motu Disqualification Without Election Petition Challenged. Commissioner lacks power under Section 12 of Maharashtra Municipal Corporation Act, 1949 to disqualify a councillor on ground of having more than two children under Section 10(1)(i) when no election petition was filed and nomination objection was rejected.

17 Oct 2019

The petitioner, Umesh Deorao Pawale, was elected as a councillor of Nanded Waghala City Municipal Corporation in 2012. His election was challenged by ...

Supreme Court

Supreme Court Dismisses Appeals Against Byelection Notification in Municipal Corporation Casual Vacancy Case. Filing of Election Petition Under Section 33 of Mumbai Municipal Corporation Act, 1888 Does Not Bar State Election Commission from Filling Casual Vacancy Under Section 9.

5 Aug 2019

The Supreme Court dismissed appeals against the Bombay High Court's judgment upholding the State Election Commission's notification for byelections to...

High Court

Bombay High Court Upholds Disqualification of Municipal Councillor for Defying Party Whip Under Maharashtra Local Authority Members Disqualification Act, 1986. The Court held that the Petitioner's act of voting against the party whip constituted defiance, warranting disqualification under Section 3(1)(b) of the Act.

18 Jul 2014

The Petitioner, Mrs. Sulabha Vijay Lokhande, was a Municipal Councillor in Panchgani Municipal Council, elected as an independent candidate in Decembe...

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...

High Court

Bombay High Court Dismisses Writ Petition Challenging Election of Corporators in Pune Municipal Corporation for Lack of Material to Prove Corrupt Practice. Allegations of impersonation and false affidavits not substantiated; election petition remedy available under BPMC Act.

30 Nov -0001

The petitioner, Shri Vijay Waman Deshmukh, filed a writ petition under Article 226 of the Constitution of India challenging the election of respondent...

High Court

Bombay High Court Dismisses Writ Petition Challenging Municipal Council Election for Lack of Jurisdiction Under Article 226. Election Dispute Must Be Raised by Election Petition Under Section 16 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

30 Nov -0001

The petitioner, Jagannath Gawaji Chavan, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad...

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