Dismissed

Adv. Amit Kisanrao Shinde v. the State of Maharashtra through Govt. Pleader and Ors.

Bombay HC19 Aug 2016PIL/53/2016

Case brief

AI extract

What is this about?

A PIL petition challenging the functioning of municipal corporations in Maharashtra by seeking writs for Area Sabha meetings, removal of councillors, or dissolution of bodies was examined under Article 226 and dismissed as ungrantable.

What did the court decide?

Reliefs seeking orders to hold Area Sabha meetings, remove councillors, or dissolve municipal corporations were dismissed.

Adv. Amit Kisanrao Shinde Vs the State of… — Writ and Judicial Review | Bombay HC (2016)

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PIL. 53-16

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VPH

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION No. 53 OF 2016

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Adv. Amit Kisanrao Shinde … Petitioner Vs. The State of Maharashtra & Ors. … Respondents

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None for the Petitioner.

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Mr. V. B. Thadani, AGP for the Respondent - State.

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CORAM : V. M. KANADE, & Smt. SWAPNA S. JOSHI, JJ. DATE : AUGUST 19, 2016

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PC.

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None appears on behalf of the Petitioner. Perused the PIL, which is filed under Article 226 of the Constitution of India. In this PIL, Petitioner is seeking following reliefs:

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“(a) that this Hon'ble Court be pleased to issue a writ of mandamus or any other writ and/or direction in the nature of writ thereby directing the Respondents to conduct Area Sabha meetings within the Municipal Corporation at Maharashtra as contemplated in the provisions of Maharashtra Municipal Corporation Act;

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(b) that this Hon'ble Court be pleased to issue a writ

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1 / 2

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PIL. 53-16

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of mandamus or any other writ and/or direction in the nature of writ thereby removing the concerned Councillors of Municipal Corporations situated within the State of Maharashtra from working as a Councillor and/or to dissolve the municipal corporations situated within the State of Maharashtra;

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(c) that this Hon'ble Court may be pleased to issue a detailed guidelines with respect of delegation of power, proper finance, proper staff, infrastructure, systematic and institutionalized procedure, time frame and other necessary things for the implementation of provisions of Area Sabha as contemplated in the Maharashtra Municipal Corporation Act;

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(d) for costs of this Petition; and

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(e) for such further and other reliefs as the nature and circumstances of the case may require.”

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We are afraid that the reliefs claimed by the Petitioners cannot be granted by us while exercising jurisdiction under Article 226 of the Constitution of India. Public interest litigation is, therefore, dismissed.

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Sd/Sd/[Smt. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.]

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Vinayak Halemath

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Adv. Amit Kisanrao Shinde v. the State of Maharashtra through Govt. Pleader and Ors.

Case brief

What is this about?

What did the court decide?

Adv. Amit Kisanrao Shinde v. the State of Maharashtra through Govt. Pleader and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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