(1.) The petitioner an elected Corporator of Bombay Municipal Corporation (BMC) challenges order dated 19 September 2013 made by the Small Causes Court at Mumbai, dismissing petitioner's application at Exhibit 43/2013 seeking rejection of election petition no. 58 of 2012 under Order 7, Rule 11 of the CPC, inter alia on the ground of failure to disclose a cause of action.
(2.) On 13 November 2013, this Court, whilst issuing Rule and granting interim relief int his petition, made the following order: "P.C : Heard learned counsel for the respective parties.
(3.) The petitioner has been elected as a Corporator to the (BMC) from Ward No. 138, at the elections held on 16 February 2012. The petitioner, defeated the Respondent No. 1, who is the election petitioner in Municipal Election Petition No. 58 of 2012 instituted before the Small Causes Court at Mumbai, by 352 votes. The petitioner, in all, had secured 2851 votes.