(1.) IN Writ Petition No.4730 of 2001 and Civil Application No.6771 of 2001 filed therein, the challenge raised is to
(2.) WRIT Petition No.4830 of 2001 has supported the challenges raised in Writ Petition No.4730 of 2001, whereas Writ Petition No.4801 of 2001 supports the action of the State Government. Writ Petition No.4830 of 2001 is filed by 14 citizens of Jalgaon city, and some of them were contesting candidates for the elections of the Municipal Council scheduled on 9.12.2001. There is an affidavit on record which states that in as many as 8, out of 65 wards, there was only one candidate in the fray, implying thereby that they would be elected unopposed and the petitioners Nos.12 to 14 are three of such 8 candidates.
(3.) . Writ Petition No.4730 of 2001 came up for hearing before the learned Vacation Judge on 16.11.2001 and notice before admission was issued and leave to amend was granted. The petition again came up before the learned Vacation Judge on 21.11.2001 along with Civil application No.6771 of 2001. The petition was admitted and was fixed for final hearing peremptorily, on 27.11.2001 (first on board). The respondents, including the State Election Commission, were to file respective affidavits in reply, if any, on/or before 26.11.2001. In the meanwhile, the State Government was directed not to take any decision in respect of the notification published under Section 3 of the Corporations Act. The petition appeared before the Court No.I on 27.11.2001 and it was directed not to place the same before the Court to which Shri. N. H. Patil, J. is a party. Consequently, the petition came to be assigned to us on the same day and it came up for hearing on 29.11.2001. We have heard all the three petitions along with the Civil Applications from 29.11.2001 onwards continuously, except on 4.12.2001, when it was sought to be adjourned at the request of the learned Special Counsel for the State Government and we concluded the hearing on 7.12.2001. In the meanwhile, affidavit in reply was presented on behalf of the State Government on 29.11.2001 and additional affidavit on 5.12.2001. As directed by us, the relevant record including the files of Cabinet meetings were placed before us and we have gone through the same.
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