YOGESH MANGAKASEN BAHAL Vs. RAJESH CHIMANRAO WABLE

JUDGEMENT

(1.) Rule. Respondents waive service. By consent rule made returnable forthwith. Heard Counsel for respective parties.

(2.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner original opponent No. 1 is challenging the order passed by the learned Civil Judge, Senior Division, Pune on 1st October, 2007 allowing Miscellaneous Application No. 277 of 2007. By the order under challenge the Misc. Application seeking condonation of delay has been allowed and delay in filing of the election petition has been condoned.

(3.) Respondent No. 1 filed Election Petition against the petitioner in the Court of Civil Judge, Senior Division, Pune invoking his jurisdiction under Section 16 of the Bombay Provincial Municipal Corporation Act, 1949 (for short "B.P.M.C. Act"). The first respondent challenged the election of the petitioner as a Councillor from Ward No. 32 to the Pimpri-Chinchwad Municipal Corporation. The Election Petition was filed on 13th March, 2007. The election, on the own showing of parties concluded by the Declaration of result on 2nd February, 2007. The election results were published on 8th February, 2007. According to respondent No. 1, the results came to the knowledge of public on 8th February, 2007 and the election petition was filed on 13th March, 2007. Aware of the provisions contained in Section 16 of the B.P.M.C. Act, the Misc. Application was filed seeking condonation of delay of 32 days in filing election petition.