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Mr. Mohammad Sajid Ashfaq Khan vs The State Of Maharashtra Thru Urban ... on 16 April, 2019 cites

Shri. Anil (Vidyarthi) Chanderlal ... vs State Of Maharashtra, Through ... on 11 March, 2016

It is very clear from a perusal of Sections 11 and 12 that they deal with "disabilities from continuing as Councillor" and "questions as to disqualification to be determined by the Judge". The preceding provision enumerates as to how the qualifications are incurred. Section 10 enumerates the same. By Section 16, a remedy of Election Petition is provided and our attention is invited by Mr.Sabban to a Full Bench judgment of this Court in case of Anil Vidyarthi Chanderlal Ailani and Anr. Vs State of Maharashtra1. This decision of the Full Bench specifically 1 2016(3) Bom.C.R.481 Page 6 of 17 M.M.Salgaonkar ::: Uploaded on - 24/04/2019 ::: Downloaded on - 06/04/2020 17:36:15 ::: (917) wp-479-19+3.doc decides the point or issue as to whether remedy under Section 16 of the MMC Act or under Section 21of the Municipal Council Act is available to a voter entitled to vote in General Ward Election. The remedy of election dispute is available to a voter. The argument in that case and which was duly considered by the Bench revolved around the interpretation of these very provisions. The Section has been reproduced and thereafter this Court found that a narrow or restricted view of the provision cannot be taken.
Bombay High Court Cites 111 - Cited by 9 - S C Dharmadhikari - Full Document
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