LAWS(BOM)-2009-4-249

KAILAS BKAGWAN HAJARE Vs. STATE OF MAHARASHTRA

Decided On April 27, 2009
Kailas Bkagwan Hajare Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties heard finally at the stage of admission.

(2.) By the present petition, under Article 226 of the Constitution of India, the petitioner has prayed in terms of prayer Clause "B" to quash and set aside the decision taken by the 4th respondent (Mayor of Dhule Municipal Corporation) on 31.1.2009 by rejecting the recommendation of the 3rd respondent in respect of the petitioner being nominated as Councillor of Dhule Municipal Corporation; in terms of prayer Clause "C" to quash and set aside the decision of nominating the 5th respondent as a nominated Councillor of respondent No. 2; in terms of prayer Clause "D" to declare the petitioner as a valid nominated Councillor of the 2nd respondent on the basis of the recommendations of 3rd respondent on 31.1.2009 and also prayed for interim reliefs in terms of prayer Clauses "E" to "H".

(3.) The facts, which gave rise to file the present petition, can be summarised as follows -