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Chandrakant S/O Namdeorao Rathod vs Sow. Padma W/O Satish Deshmukh on 19 September, 2016

Bench: Kurian Joseph, Rohinton Fali Nariman

     ITEM NO.44                            COURT NO.10                SECTION IX

                                S U P R E M E C O U R T O F      I N D I A
                                        RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                Nos.26770-26772/2016

     (Arising out of impugned final judgment and order dated 25/08/2016
     in WP No. 11010/2015 25/08/2016 in WP No.11023/2015 25/08/2016 in
     WP No. 4736/2015 passed by the High Court of Bombay at Aurangabad)

     CHANDRAKANT                                                      Petitioner(s)

                                                  VERSUS

     PADMA                                                            Respondent(s)

     (With appln. (s) for exemption from filing c/c of the impugned
     judgment and exemption from filing O.T. and interim relief and
     office report)

     Date : 19/09/2016 These petitions were called on for hearing today.

     CORAM :              HON'BLE MR. JUSTICE KURIAN JOSEPH
                          HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

     For Petitioner(s)               Mr. Sudhanshu S. Choudhari,Adv.
                                     Mr. Rajat Kapoor, Adv.
                                     Ms. Surabhi Guleria, Adv.

     For Respondent(s)


                           UPON hearing the counsel the Court made the following
                                              O R D E R

Learned counsel for the petitioner submits that even assuming that the political party was competent for issuing the whip, there is nothing in the case to show that the District President of the political party was authorized to issue a whip to the members of the municipal council, as has been held by this court in Sadashiv H. Patil Vs. Vithal D. Teke (2000) 8 SCC 82.

Issue Notice.

With the above submission issue notice.

Interim protection granted by the High Court will Date: 2016.09.24 12:49:33 IST Reason: continue, until further orders.

                         (Rashmi Dhyani)                       (Renu Diwan)
                            SR. P.A.                       ASSISTANT REGISTRAR