CHANDRASHEKHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE the facts in both the petitions are identical, both these petitions are decided by this common judgment. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, these petitions are, therefore, heard finally at the stage of admission.

(2.) WRIT Petition No. 4872 of 2006 has been filed by the petitioners praying for issuance of a writ of mandamus or an appropriate writ directing respondents no. 1 and 3 to 6 to convene an adjourned meeting held on 29. 6. 2006 to any other appropriate date for transacting the business of adjourned meeting and for completing further stages of election to the office of Mayor. Alternatively it is prayed that the State Election Commission be directed to make appropriate arrangements to convene the adjourned meeting dated 29. 6. 2006 for the purpose of holding the elections to the office of Mayor of respondent no. 5 Corporation. It is also prayed that by a writ of prohibition or by an appropriate writ, respondents no. 7 and 8 be restrained from acting as Mayor and Deputy Mayor. After amendment the petitioners have prayed for quashing the notice dated 14. 7. 2006 issued by respondents no. 5 and 9 for convening the meeting on 28. 7. 2006 for transacting the business as per the directions of respondent no. 7.

(3.) IN Writ Petition No. 4883 of 2006 the petitioners have prayed for similar reliefs and have additionally prayed for holding of the election to the post of Deputy Mayor. This Court by an ad interim order dated 18th July, 2006 granted stay to the meeting of Dhule Municipal Corporation which was scheduled to be held on 20th July, 2006 at 11 A. M. This ad interim order was to operate till 2nd August, 2006. Thereafter the petition was heard for final disposal with the consent of Counsel and, therefore, the interim order came to be continued.