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april 1998

Supreme Court of India · 1998-04-29

D M BAWALEKAR vs PANDURANG D PARTE

Citation / case number
SC 1997/6340
Court
Supreme Court of India
Petitioner
D M BAWALEKAR
Respondent
PANDURANG D PARTE
Author
Rajendra Babu
Bench
S. RAJENDRA BABU S.C. AGRAWAL

Judgment text excerpt

The Supreme Court held that the formation of an Aghadi by independent councillors after their election constitutes a voluntary giving up of their independent status, thus attracting disqualification under Section 3(1) of the Maharashtra Local Authority Members’ Disqualification Act, 1986. The Court affirmed the High Court's ruling that such councillors, having formed an Aghadi and issued a whip, are deemed to belong to a political front, leading to their disqualification. Consequently, the election of the President based on this Aghadi's nomination was upheld.

D M BAWALEKAR vs PANDURANG D PARTE · Niyam