NITIN BANDOPANT SALAGRE Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) These appeals have been filed against the common judgment of the Bombay High Court dated 10.06.2019 by which separate writ petitions filed by the appellants have been dismissed.

(2.) The question of law raised in all these appeals being common, all the appeals have been heard together and are being decided by this common judgment. For deciding these appeals, it shall be sufficient to refer the facts and pleadings in Civil Appeal No. 5855 of 2019 - Nitin Bandopant Salagre Vs. The State Election Commission & Anr.

(3.) The general elections for electing councillor for Bombay Municipal Corporation were held in February, 2017. One Mrs. Kesharben Murji Patel was declared elected on 23.02.2017 as councillor from Ward No.76. Ward No.76 was reserved for backward class of citizens. Mrs. Kesharben Murji Patel had wrongly claimed to be a member of backward class citizen. The appellant filed a complaint before District Caste Certificate Scrutiny Committee and has also filed Election Petition No.52 of 2017 before Chief Judge of Small Causes Court, Mumbai under Section 33 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as "Act, 1888) challenging the election of Mrs. Kesharben Murji Patel. The District Caste Certificate Scrutiny Committee by its order dated 19.08.2017 invalidated the caste certificate of Mrs. Kesharben Murji Patel. Writ Petition No. 181 of 2018 was filed by Mrs. Kesharben Murji Patel seeking direction to the Corporation not to disqualify her. The writ petition No. 181 of 2018 was dismissed on 02.04.2019 against which special leave petition (C) No.8946 of 2019 was filed, which too was dismissed on 24.04.2019. Mrs. Kesharben Murji Patel was disqualified by order dated 05.04.2019 of the Corporation. On account of disqualification of Mrs. Kesharben Murji Patel from Ward No.76, a casual vacancy arose in the said ward. The appellant claimed to have secured second highest number of votes from Ward No.76, hence he claimed that he ought to have been declared by Chief Judge of Small Causes Court as having elected from Ward No.76. The State Election Commission, Maharashtra issued a notification dated 09.05.2019 notifying the byelection for Ward No.76 of the Corporation to fill up casual vacancy arising under Section 9 of the Act, 1988. The Writ Petition (C) No.1577 of 2019 has been filed by the appellant in the Bombay High Court praying for following reliefs:-