RAMBHAU NARAYAN KOLTE Vs. COLLECTOR

JUDGEMENT

(1.) Rule is made returnable forthwith. Heard finally by consent of the parties. Shri S.S. Doifode and Smt. T.D. Khade, learned Assistant Government Pleaders waive notice on behalf of the respondent No.1 and Shri Uday Dastane, the learned Counsel waives notice on behalf of the respondent Nos.2 and 3.

(2.) By way of present petitions, the petitioners challenge the orders dated 14th June, 2007 vide which the preliminary objection raised by the respondent Nos.2 and 3 in MLAD . 6/Nandura/06/2006-07 and MLAD . 6/Nandura/03/2006-07 has been allowed.

(3.) In the elections which were held to the Nandura Municipal Council in the year 2006, the petitioner as well as the respondent Nos.2 and 3 in Writ Petition No. 2980/2007 and the petitioner and respondent No.2 in Writ Petition No.2979/2007 came to be elected. It is the contention of the petitioner in Writ Petition No. 2980/2007 that he was elected as Party Leader of Rashtrawadi Janta Party of Nandura Municipal Council and that the respondent Nos.2 and 3 were also elected as the members of the said party. It is the contention that whip was issued by the petitioner that in the election for the post of President of Municipal Council, the members of the said party shall vote for Sushilabai Vasantrao Nandurkar. It is contended that however in defiance of the whip issued, the respondent Nos.2 and 3 voted for one Mangalabai Sudhir Murhekar. In so far as Writ Petition No.2979/2007 is concerned, the respondent No.2 was the only candidate who was elected from the Rashtrawadi Congress Party. It is the contention that though Rashtrawadi Congress Party had issued a whip to the respondent to vote for said Sushilabai Vasantrao Nandurkar, he had voted for Mangalabai Sudhir Murhekar.