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Sayyad Zafar Aminoddin Sayyad Hussain vs The State Of Maharashtra And Others on 30 September, 2019
cites
The Maharashtra Municipal Corporations Act, 1949
Section 13 in The Maharashtra Municipal Corporations Act, 1949 [Entire Act]
K. Venkatachalam vs A. Swamickan And Anr on 26 April, 1999
27. Additionally, it may be pertinent to refer to following
observations of supreme court from the decision K. Venkatachalam
Vs. Swamickan and another (supra), reading, thus,
" 27.
Section 8 in The Maharashtra Municipal Corporations Act, 1949 [Entire Act]
Ravi Yashwant Bhoir vs The Collector, District Raigad & Ors on 2 March, 2012
21. So far as Ravi Bhoir's case (supra) is concerned, it
appears that the complainant had sought hearing and in the
context of peculiar facts, circumstances and legal position in that
situation, court had observed that complainant had no locus
standi to claim hearing.
Kesharben Murji Patel vs State Of Maharashtra And 7 Ors on 2 April, 2019
17. Learned counsel Mr. Golegaonkar refers to and
purports to rely on decision of division bench of this court dated
02-04-2019 in group of writ petitions bearing no. 181 of 2018
(Kesharben Murji Patel Vs. State of Maharashtra and others) and connected
writ petitions, wherein the disqualifcation incurred by the
petitioners in writ petitions no. 147 of 2018 and 3673 of 2018 had
been stalled during pendency of writ petitions, and while scrutiny
committee's decisions invalidating claim of petitioners were
quashed remitting the matters back to the scrutiny committee for
re-consideration, the relief was directed to be continued. In the
case of respondent no. 5 as well decision of scrutiny committee
had been quashed, remitting the matter for reconsideration. The
committee as a matter of fact on remand has validated the claim
of respondent no. 5 as from Julaha other backward class
community. For him, situation is much better than petitioners in
those cases and as such, urges not to unsettle the prevailing
position.
Rajesh Awasthi vs Nand Lal Jaiswal & Ors on 19 October, 2012
24. Supreme court in Rajesh Awasthi V. Nand Lal Jaiswal and
others reported in AIR 2013 SC 78 has observed, thus,
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19 WP-10401-2017
" 28. From the aforesaid pronouncements it is graphically clear that
a citizen can claim a writ of quo warranto and he stands in the
position of a relater. He need not have any special interest or
personal interest. The real test is to see whether the person
holding the office is authorised to hold the same as per law.
Dr. Kashinath G. Jalmi And Anr. Etc. Etc vs Speaker And Ors on 31 March, 1993
Delay and laches do not constitute any impediment to deal with
the lis on merits and it has been so stated in Dr. Kashinath G.
Jalmi and another v. The Speaker and others. "
Cen.Elect.Supply Utility Of Odisha vs Dhobei Sahoo & Ors on 1 November, 2013
25. Supreme court, in its decision in the case of Central
Electricity Supply Utility of Odisha V. Dhobei Sahoo and others reported in AIR
2014 SC 246 in paragraph 18 has observed, thus,
" 18. From the aforesaid exposition of law it is clear as noon
day that the jurisdiction of the High Court while issuing a writ
of quo warranto is a limited one and can only be issued when
the person holding the public office lacks the eligibility criteria
or when the appointment is contrary to the statutory rules. That
apart, the concept of locus standi which is strictly applicable to
service jurisprudence for the purpose of canvassing the legality
or correctness of the action should not be allowed to have any
entry, for such allowance is likely to exceed the limits of quo
warranto which is impermissible. The basic purpose of a writ
of quo warranto is to confer jurisdiction on the constitutional
courts to see that a public office is not held by usurper without
any legal authority. While dealing with the writ of quo
warranto another aspect has to be kept in view. Sometimes a
contention is raised pertaining to doctrine of delay and laches
in filing a writ of quo warranto. There is a difference
pertaining to personal interest or individual interest on one
hand and an interest by a citizen as a relator to the court on the
other. The principle of doctrine of delay and laches should not
be allowed any play because the person holds the public office
as a usurper and such continuance is to be prevented by the
court. The Court is required to see that the larger public interest
and the basic concept pertaining to good governance are not
thrown to the winds."