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june 2013

Supreme Court of India · 2013-06-27

KALPANA DILIP BAHIRAT vs PUNE MUNICIPAL CORP..

Citation / case number
SC 2013/16955
Court
Supreme Court of India
Petitioner
KALPANA DILIP BAHIRAT
Respondent
PUNE MUNICIPAL CORP..
Author
RANJAN GOGOI A.K. PATNAIK
Bench
RANJAN GOGOI A.K. PATNAIK

Judgment text excerpt

The Supreme Court held that the election of a municipal corporator can only be challenged through an election petition as per Article 243ZG of the Constitution and Section 16 of the Bombay Provincial Municipal Corporations Act, 1949. The Court found that the High Court erred in dismissing the appellant's writ petition on grounds of 'unclean hands' without addressing the substantive legal issue regarding the validity of the election process. Consequently, the Court set aside the High Court's order and directed that the matter be considered in accordance with the proper legal framework.

KALPANA DILIP BAHIRAT vs PUNE MUNICIPAL CORP.. · Niyam