SHAHINARA SALIM BAIG Vs. B M C

JUDGEMENT

(1.) RULE. By consent returnable forthwith. Respondents waive service. The petitioner after having lost the municipal election from Ward No. 108 of the Municipal Corporation for Greater Mumbai, approached the Court of Small Causes at Bombay under section 33 of the Bombay Municipal Corporation Act, 1888 to challenge the election of the respondent No. 3 Mrs. Geeta Laxmi Gore, who was declared elected by a margin of 646 votes. In the said election held on 10th February 2002, the petitioner received 3241 votes while the respondent No. 3 received 3087 votes and was declared elected by the competent authority. The petitioner in her election petition has prayed for the following reliefs:---

(2.) AFTER the notice the respondents including the respondent No. 3, the elected candidate appeared to contest the notice for interim reliefs. The respondent No. 3 filed her affidavit in reply to oppose the said notice.

(3.) AFTER hearing the parties, the learned Additional Chief Judge of the Court of Small Causes at Bombay by his order dated 19th March, 2002 dismissed the notice with no orders as to costs. The petitioner aggrieved by the said judgment and order of the learned Additional Judge, has approached this Court by filing the present petition under Article 226 of the Constitution of India for the following reliefs:--