SAYYAD TAHIR HUSSAIN MAINUDDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appeal under Clause 15 of the Letters Patent challenges order passed by learned Single Judge of this High Court in Writ Petition No.2366/2007 on 24.4.2007. By the impugned order, learned Judge was pleased to allow the writ petition partly.

(2.) The dispute is between recently elected Councillors of Udgir Municipal Council because of alleged disqualification incurred by some of the Councillors in view of provisions of the x (henceforth referred to as Disqualification Act for the sake of brevity) .

(3.) From the copy of said application available at paper book pages 94 to 98 challenging the maintainability of disqualification reference for non compliance of Rule 6 r/w Rule 7(2) of Maharashtra Local Authority Members Disqualification Rules, 1987, four grounds as under were raised against maintainability of disqualification reference: