LAWS(BOM)-2015-2-24

SMITA SUBHASH SAWANT Vs. JAGDEESHWARI JAGDISH AMIN

Decided On February 09, 2015
Smita Subhash Sawant Appellant
V/S
Jagdeeshwari Jagdish Amin Respondents

JUDGEMENT

(1.) Rule. With the consent and at the request of the learned counsels for the parties, Rule is disposed of finally.

(2.) This petition is directed against the judgment and order dated 24 September 2014 made by the Court of Small Causes at Bombay in Municipal Election Petition No. 129 of 2012 holding that the election petition instituted by the respondent no.1 questioning the petitioner's election as a Councillor of the Bruhan Mumbai Municipal Corporation is within the period of limitation prescribed by Section 33 of the Mumbai Municipal Corporation Act, 1888 ("said Act").

(3.) The election schedule for General Election, 2012 of Councillors under the said Act was published by notification dated 2 February 2012 declaring the date of poll as 16 February 2012. The same notification declared that counting of votes will be undertaken on 17 February 2012 and the list of elected candidates along with total number of valid votes polled by them will be published in the Government Gazette on or before 21 February 2012 as required under the provisions of Sections 10, 28(k) and 32 of the said Act.