Dismissed

Milind Madhav Patankar v. Thane Municipal Corporation through Commissioner and Ors.

Bombay HC15 Feb 2018WP/2055/2018

Case brief

AI extract

What is this about?

Petitioner, an elected councilor, filed a writ petition seeking to prevent the Municipal Corporation from considering a specific agenda item in an upcoming General Body meeting. The Court held it could not interfere with the agenda and rejected the petition without adjudication on merits.

What did the court decide?

Writ petition rejected; no interference with the General Body meeting agenda granted.

Milind Madhav Patankar Vs Thane… — Constitutional and Fundamental Rights | Bombay HC (2018)

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P-509-WP-2055-18.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2055 OF 2018

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Milind Madhav Patankar

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..Petitioner

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vs.

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The Municipal Corporation through Commissioner and Ors.

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...Respondents

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Mr.Siddharth C. Wakankar for the Petitioner.

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Mr. R.S. Apte, Senior counsel a/w. Mr. Ketan Dhavale, Mr. M. S. Lagu i/b Mr. N. R. Bubna for the Respondents.

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CORAM : A.S. OKA & P. N. DESHMUKH, JJ. DATE : 15^th FEBRUARY, 2018

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P.C.:

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Not on board. Taken on board.

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Mr.Wakankar, the learned counsel for the Petitioner states that the Petitioner is an elected councilor of the Municipal Corporation. The prayer for a writ of mandamus is made for preventing the said Corporation from taking up subject/Agenda item No.1987 in the General Body Meeting proposed to be held on 20^th February 2018. The submission of the learned counsel for the Petitioner is that for various reasons, the said Agenda item cannot be considered in the meeting scheduled to be held on 20^th February 2018.

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Merely because a particular subject is kept on Agenda, it does not necessarily mean that the General Body Meeting would approve the same. Moreover the Petitioner being an elected councilor can always raise an objection in the General Body Meeting for considering the said Agenda item on the grounds which are set out in the Petition and on all other available grounds.

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P-509-WP-2055-18.doc

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At this stage, the Writ Court exercising jurisdiction under Article 226 of the Constitution of India cannot interfere with the Agenda of the General Body meeting of the Municipal Corporation proposed to be held on 20^th February 2018. We decline to entertain the Petition. The petition is accordingly rejected. We make it clear that we had made no adjudication on the merits of the case. All contentions on merits raised by the Petitioner are kept open.

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(P.N. DESHMUKH, J)

Milind Madhav Patankar v. Thane Municipal Corporation through Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Milind Madhav Patankar v. Thane Municipal Corporation through Commissioner 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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