Disposed

Dimple Narendra Thakur v. Jamunadas Khupchand Purswani and Anr.

Bombay HC7 Oct 2021WP/6351/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay disposed of a writ petition filed for quashing an order rejecting an objection application under Rule 6(3)(b) of the Maharashtra Local Authority Member Disqualification Rules, 1987, relying on counsel statements that the information was based on personal knowledge.

What did the court decide?

Petition disposed; petitioner to proceed assuming respondent's knowledge was personal; respondent to address other documents as required.

Dimple Narendra Thakur Vs Jamunadas Khupchand… — Pension and Retirement Benefits | Bombay HC (2021)

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Digitally signed PRASHANTVILASRANE by PRASHANTVILAS RANEDate:2021.10.07 21:24:24 +0530

21-wp6351-21.doc

Pvr

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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 WRIT PETITION NO.6351 OF 2021

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Dimple Narendra Thakur…Petitioner
vs.

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Jamunadas Khupchand Purswani & Anr.…Respondents

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Mr.Vijay D.Patil, for the Petitioner.

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Mr.S.H.Kankal, AGP for the State.

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Mr.N.R.Bubna, for Respondent No.1.

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CORAM :-G. S. KULKARNI, J.
 DATE :- OCTOBER 7, 2021

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PC :-

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1.I have heard Mr.Patil, learned Counsel for the petitioner and Mr.Bubna,

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learned Counsel for Respondent no.1 for some time on this petition which
challenges an order dated 6 September 2021 passed by the Divisional
Commissioner, Konkan Division, Navi Mumbai, on an objection application
filed by the petitioner invoking the provisions of Rule 6(3)(b) of the
Maharashtra Local Authority Member Disqualification Rules,1987. By the
impugned order the application has been rejected.

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2.A primary objection of the petitioner is to the observations made by the
Divisional Commissioner in paragraph 4(b). It is his contention that such
observations do not satisfy the compliance/requirement of Rule 6(b). The case

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Pvr

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of the petitioner is that respondent no.1 ought to have disclosed the source of
information.

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3.On the above contentions as urged on behalf of the petitioner by
Mr.Patil, Mr.Bubna, learned Counsel for respondent no.1, on instructions,
makes a statement that the information which has been placed on record and
which has been specifically averred before the learned Divisional
Commissioner, is on the basis of respondent no.1’s personal knowledge and
hence, there is no question of petitioner assuming a position that the source of
information has not been disclosed. Statement of Mr.Bubna is accepted.

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4.In view of such statement as made by Mr.Bubna, further adjudication
of petition is not warranted. The petitioner would be now required to proceed
on the assumption that the source of information of respondent no.1 is his
personal knowledge and again for which the source was not required to be
disclosed.

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5. Needless to observe that in respect of the other documents, if any, the learned Divisional Commissioner shall proceed on such issues in accordance with law.

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6. Disposed of in the above terms. No costs.

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Dimple Narendra Thakur v. Jamunadas Khupchand Purswani and Anr.

Case brief

What is this about?

What did the court decide?

Dimple Narendra Thakur v. Jamunadas Khupchand Purswani and Anr.

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

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