AVINASH RAMESH BAGWE Vs. BHUPENDRA RAMBHAU SHENDGE

JUDGEMENT

(1.) The petitioner came to be elected as a Councillor in the Pune Municipal Corporation on 23/02/2017, in a contest from Prabhag No. 19A, Lohiya Nagar, Kashiwadi, the seat being reserved for Scheduled Caste category. On his declaration as a successful candidate, defeating his rivals, one Bhupendra Rambhau Shendge (respondent No. 1), a rival candidate, filed Election Petition before the Judge, Small Causes Court, Pune, calling in question the election of the petitioner and praying for quashing and setting aside the order dtd. 04/02/2017, by which the objection raised to the nomination of the petitioner was disallowed and he was declared as a valid candidate for the contest. The petitioner in the Election Petition sought disqualification of the present petitioner, Avinash Bagwe from the post of Councillor as per Sec. 10(1D) of the Maharashtra Municipal Corporation Act, 1949 (hereinafter referred to as "the MMC Act") and prayed for a declaration that the election be declared as illegal and re-election be conducted in Ward No. 19A.

(2.) In the petition, the respondent No. 1, original petitioner in the Election Petition, is only contesting respondent though the other candidates who contested the election from Ward No. 19A are also impleaded as the respondents along with the authorities of the Municipal Corporation, Pune and the Election Commission.

(3.) The parties are referred to by their status in the present petition. The Election Petition filed by Bhupendra Rambhau Shendge (respondent No. 1) and numbered as Election Petition No. 5 of 2017 avers that he contested the election and in the process when the nomination of the candidates was under scrutiny, an objection was raised to the nomination of the Avinash Bagwe (Petitioner) before the Returning Officer on three counts; disqualification for being a Councillor under the MMC Act, hiding of bank accounts and not showing the same in the prescribed affidavit and registration of several criminal offences against him.