Prabhakar Tukaram Shinde vs Bhargav Bhausaheb Kadam And Ors
2021 Latest Caselaw 15340 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2021.10.28
             14:09:12 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                  WRIT PETITION NO.7151 OF 2021


                                   Prabhakar Tukaram Shinde                    ..            Petitioner

                                           Vs.

                                   Bhargav Bhausaheb Kadam
                                   & Ors.                                      ..           Respondents

                                                                ...
                                   Mr. Amogh Singh i/b Mr. Jeet Gandhi for the petitioner.

                                   Mr. R.V. Govilkar with Mr. Om Suryawanshi for respondent
                                   No.2-MCGM.

                                   Mr. Balkrishna D. Joshi with Ms. Darshana Pawar for
                                   respondent No.1.
                                                            ...

                                                       CORAM : SMT. BHARATI DANGRE, J.

                                                       DATED       : 26TH OCTOBER, 2021.
                                   P.C:-

1. The writ petition is filed by the petitioner, who was elected as a Councillor and whose election was called in question in the election petition before the Small Causes Court at Bombay. The Municipal Election Petition No.70 of 2017 was allowed by the impugned judgment dated 14/10/2021 and the election of the petitioner from Ward No.106 is set aside as being null and void.

                                   AJN
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Learned counsel for the petitioner has served the contesting respondent No.1 as well as respondent No.2 - MCGM. They are represented by counsel. However, none appears for respondent Nos.3 and 4.

2. My attention is invited to an order dated 14/10/2021 passed by the learned Judge, by which the learned Judge was pleased to grant stay of four weeks to the judgment passed by him on 14/10/2021.

3. Since the petitioner is unseated as a Councillor and his term is likely to come to an end in February, 2022, it is incumbent that the writ petition shall be heard finally. The parties are at consensus that whatever documents/judgments they are desirous of relying upon, would be compiled in a set and shall be placed before the court, provided the writ petition is taken up for final hearing.

4. With the consent of the parties, list the matter on 15/11/2021 at 2.30 p.m. for final hearing.

5. The protection granted by the Court of Small Causes at Bombay on 14/10/2021 shall continue to remain in force till the next date of hearing.

[SMT. BHARATI DANGRE, J.] AJN