VIJAYSING S/O NATHESING RAJPUT Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-9-351
HIGH COURT OF BOMBAY
Decided on September 19,2017

Vijaysing S/O Nathesing Rajput Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

R.D.DHANUKA,J. - (1.) By this petition filed under Article 226 of the Constitution of India, petitioner seeks a writ of certiorari for quashing and setting-aside notification dated 23rd October, 2012, issued by the respondent Collector, Dhule under section 10 of the Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 ( Hereinafter referred for short as the said Act), for holding election of respondent No. 2 and further seeks that this Court shall hold and declare that the scheme of section 10 (2) of the said Act is in breach of Section 341-B of the said Act.
(2.) The petitioner also seeks a writ of mandamus thereby directing the respondent No. 3 Collector to hold afresh the process for formation of wards to the election of Nagar Panchayat Shindkheda, District Dhule and for a writ of Certiorari for quashing and setting aside the election result declared on 14th January 2013 of the said Nagar Panchayat Shindkheda declaring the respondent Nos. 5 to 25 elected. The petitioner also seeks an order and direction against the respondent No. 4 to hold the election of the respondent No. 2 Nagar Panchayat afresh and as per scheme of section 341B of the said Act. Some of the relevant facts for deciding this petition are as under :
(3.) The petitioner is Ex-member of Village Panchayat, Sindkheda and Panchayat Samiti, Shindkheda and is active in political movement and democratic process of election. The name of the petitioner is included in voters list of last Assembly election and election of village panchayat, Sindkheda i.e. in ward No. 2 held in 2010 and had exercised his right to vote in last election of village panchayat, Sindkheda held in 2010.;


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