CHNDRAKANT KHAIRE Vs. SHANTARAM KALE

JUDGEMENT

(1.) These two writ petitions arise out of the election that took place on 6th May, 1988. The election was held in respect of the Mayor, Deputy Mayor and the Members of the Standing Committee.

(2.) Petitioner Chandrakant Khaire in Writ Petition No. 800 of 1988, claims writ of quo warranto- (i) calling upon respondents Nos. 1 to 8 to show the authority under which they have been elected ; (ii) to declare that their election is invalid, unconstitutional and null and void ; (iii) to declare that their posts are still vacant; AND (iv) to restrain respondents Nos. 1 to 8 from exercising any authority in the capacity in which they have been elected. Interim reliefs have been asked for but we are not concerned with the interim reliefs, as, the same have not been granted and Rule has been made returnable forthwith.

(3.) Second Writ Petition i.e. Writ Petition No. 838 of 1988, has been filed by Moreshwar Dinanath Save, another Municipal Councillor, on 23rd May, 1988. Through this writ petition petitioner wants this Court to declare that the meeting held at 4.30 p.m. on 6th day of May, 1988, was null and void and consequent proceedings be quashed. He further requires this Court to direct respondent No. 1 Municipal Commissioner to call a special meeting for electing the Mayor, Deputy Mayor and the Members of the Standing Committee in accordance with the provisions of law.