2018 (8) TMI 2058

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....131120/2017), 10472, 9754 (IA NOS. 55073, 55074/2018), 12668 AND 19084/2018 (IX) (IA NO. 99929/2018) For parties : SLP(c) 29874-75/16, Mr. Sudhanshu S. Choudhari, AOR 6027/17, 29453/17 Ms. Surabhi Guleria, Adv., Mr. Shakul R. Ghatole, Adv. SLP(c) 29967/16, 31479/16, Mr. Sandeep S. Deshmukh, Adv. 6037/17,6034/17,6036/17, Mr. Vasim Siddiqui, Adv. 6035/17,6222/17,6984/17, Mr. Nar Hari Singh, AOR SLP(c) 1326-27/17,13632/17 25849/17 :Mr. Gaurav Agrawal, AOR, Ms. Monica Hasija, Adv., Mr. Anurag Gharote, Adv. SLP(c)6040/17 : Mr. Mayank Pandey, AOR, Mr. Rhythm B., Adv. SLP(c)6041/17 : Mr. Sanjay Kharde, Adv., Mr. Sunil Kumar Verma, AOR SLP(c)6436/17,6452/17: Mr. Anand Landge, Adv., Mr. Gopal Balwant Sathe, AOR SLP(c)15....

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....ion(s) is granted. 2. Heard the learned Counsels for the parties and perused the relevant material. 3. Delay condoned. 4. The following questions were referred for the opinion of a full Bench of the High Court of Bombay:  (i) Whether the time limit prescribed Under Section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for submission of caste validity certificate by elected councilor is mandatory in nature?  (ii) Whether the failure on the part of person elected as Councilor to produce the caste validity certificate within the period of six months from the date on which he was declared elected, irrespective of facts and circumstances and eventuality beyond ....

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....e aforesaid main provision of the statute was brought in subsequently which permitted a candidate to file his/her nomination even in the absence of the validity certificate provided he/she encloses with the nomination a true copy of the application filed by him/her before the Scrutiny Committee and an undertaking that he/she shall submit, within a period of six months from the date of his/her election, the validity certificate issued by the Scrutiny Committee. 10. There is a second proviso which contemplates that on the failure of the concerned person(s) to produce the validity certificate within the time frame stipulated his election "shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Counci....