SANDEEP P KAMBLE Vs. BHASKAR A NEGLE

JUDGEMENT

(1.) Since almost common questions of facts and law arise for consideration in these writ petitions, these petitions are disposed of by this common judgment.

(2.) The elections to the Municipal council, Kandhar were held on 19-1-2003 and the petitioners got elected as Councillors on indian National Congress (I) Party ticket. The petitioner in Writ Petition No. 7400/2004 was however, co-opted as a Councillor. The petitioner in Writ Petition No. 7400/2004 did not belong to any political party and his co-option was not because he was a member of indian National Congress (I) party. The elections to the Subject Committee of the municipal Council were held on 8-9-2003. The notice of the meeting was received by all the four petitioners. It is the case of the petitioners that the father of the respondent No. 1 was the president of the Municipal Council, Kandhar for a period of about 20 to 25 years, but for a couple of years, he was not able to get elected as the President of the Municipal Council as the office of the President was reserved for a scheduled Caste category candidate. According to the petitioners, the father of the respondent No. 1 was trying to control the municipal Council, Kandhar through his son i-e. this respondent No. 1 and, was interfering with the affairs of the Municipal Council, kandhar though he was not a Councillor. The father of the respondent No. 1 was however, the taluka President of the Indian National congress (I) Party. It is not disputed that the petitioner in Writ Petition No. 7403/2004, abdul Mannan s/o. Mohd. Sarwar was the leader of the House in the Municipal Council, kandhar and also was party President for kandhar city. Abdul Mannan was also the vice-President of the Municipal Council, Kandhar.

(3.) The petitioner in Writ Petition no. 7391/2004 was elected as a Member of the water Supply and Sanitation Committee in the election of the Subject Committee on 8-9-2003. The petitioner in Writ Petition 7391/2004 was thereafter elected as a Chairman of the Water supply and Sanitation Committee. Abdul mannan who was the leader of the House had not contested the election to the Subject committee held on 8-9-2003. The petitioner in Writ Petition No. 7400/2004 had contested the election to the Planning Committee and got elected as the member of the Planning committee. Lastly, the petitioner in Writ petition No. 7404/2004 was nominated as a official candidate of the party by the Leader of the House i. e. Abdul Mannan.