SUNIL SUPADU MAHAJAN Vs. MANOJ DAYARAM CHOUDHARI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned Counsel appearing for the parties, these Writ Petitions are being disposed of finally by this common Judgment.

(2.) The petitioner in both Writ Petitions, namely, Sunil Sapadu Mahajan, is admittedly Municipal councillor of Jalgaon Municipal Corporation, Jalgaon(Henceforth referred to as the Corporation ). Respondent No.1 in both these Petitions is one Manoj Dayaram Choudhari, who is also a Municipal councillor. Both got elected in Corporation Election, which was held on 31st August, 2008. It is common ground that, respondent No.1 was official candidate of a political party by name Shivsena for this election and got elected as Official Candidate of Shivsena party.

(3.) Soon after election, respondent No.1 made declaration to the effect that he belongs to Shivsena Party and filled Form No.4 to that effect. He was the only candidate belonging to Shivsena Party, who was elected. Respondent No.1, then formed Municipal Party of Shivsena of which he was the only member.