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.