MANOJ BANSAL BIYANI Vs. SAMEER KRISHNADHAN KARR

JUDGEMENT

(1.) By this petition, the petitioner challenges order rendered by learned Collector, Jalgaon, on Application No. 9/2007 whereby petition filed by the petitioner under section 3(l)(a) of the Maharashtra Local Authority Members' Disqualification Act, 1986 and under Rule 6 of the Maharashtra Local Authority Members'Disqualification Rules, 1987 came to be rejected.

(2.) There took place election for the posts of Councillor of Municipal Council, Bhusawal on 19th and 20th November, 2006. The petitioner claims to be the President of a pre-poll coalition called "Shahar Bachav Aghadi. He asserted that said "Aghadi had set up candidates in the municipal elections by issuing necessary "A-B" forms to the concerned candidates. He further asserted that the respondent No. 1 submitted the nomination form from Ward No. 16 as a candidate of the said Aghadi. The respondent No. 1 was declared elected from the said ward on 21-11-2006.

(3.) The respondent No. 1 resisted the petition on various grounds. He contended that the petition was not duly verified as provided under Rule 6(4) of the Maharashtra Local Authority Members' Disqualification Rules, 1987 (for short, "the MLAMD Rules"). He also alleged that the petition was untenable because the necessary affidavit in support of the petition was not filed. The respondent No. 1 contended that he had contested the election as an independent candidate and was elected as such from the ward No. 16. He further asserted that the documents filed alongwith the petition were not duly and legally verified and, therefore, could not be taken into account. Thus, he denied that he was a candidate set up by the"Shahar Bachav Aghadi". He asserted that the petition was liable to be dismissed on preliminary grounds due to infringement of the Rule 6(4) and Rule 7 of the MLAMD Rules.