ANIL TATYARAO SOLUNKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the respective parties.

(2.) INITIALLY, while granting rule in this petition, it was directed to hear this petition along with Writ Petition No. 1 of 1999, in which challenge is made to the Presidents election. Whereas, the present petition is in respect of the disqualification incurred by the present petitioner under sections 16 (1) (g) and 44 (3) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 (for the sake of brevity, hereinafter, referred to as the "said Act" ). The issues involved in both these matters are different and therefore, the petitions are segregated and present petition i. e. Writ Petition No. 11 of 1999 is taken up for final hearing.

(3.) THE petitioner has also filed Civil Application No. 4844 of 1999 requesting this Court to hear the writ petition finally today, because the process of election to fill in the vacancy of the petitioner has commenced and the last date for filing the nomination paper is 11-10-1999. According to the petitioner, if the said election is allowed to be continued and concluded, then, this petition will be infructuous and if subsequently the petition is allowed then anomalous position will arise. In these circumstances, the civil application is allowed.