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Showing contexts for: section 91 mcs act in Allabaksh Fakru Sayyad vs State Of Maharashtra Thr Principal ... on 10 April, 2024Matching Fragments
5. Being aggrieved by the said order, the petitioner preferred a revision application before the Divisional Joint Registrar. The said revision application is rejected on the same grounds. Hence, this petition.
6. Learned counsel for the petitioner submitted that once the objections on the same ground were rejected at the time of scrutiny of nomination papers, the Assistant Registrar had no jurisdiction to declare that the petitioner had incurred disqualification. He submitted that the rejection of the objection raised at the time of scrutiny of the nomination papers was not challenged by respondent no.3. He submits that the disqualification if any, of the petitioner could not have been raised by filing a complaint after the petitioner was declared elected as Chairman of the society. He submits that once elections were declared, the proper remedy would have been to file a dispute under Section 91 of the MCS Act, and the Assistant Registrar could not have declared the petitioner disqualified. Learned counsel for the petitioner in support of his submissions Page no. 3 of 7 2-WP-13101-2023.doc relied upon the following judgments;