CHETAN VITTHAL TUPE Vs. SHAILESH NARAYAN SHINDE

JUDGEMENT

(1.) Heard finally, by consent in view of urgency shown and as both the matters revolved around the common judgment and Order dated 19/1/2007, passed in Election Petition No. 1 of 2007, passed by the learned 7th Additional Judge, Small Causes Court, Pune, and as the basic parties are common, therefore, this common judgment.

(2.) In Writ Petition No. 2362 of 2009, the petitioner is original respondent No. 3 in Election Petition (for short, E.P.) No. 1 of 2007. Respondent No. 1 is original election petitioner in E.P., respondent No. 2 is a Pune Municipal Corporation (for short "PMC") established under the provisions of Bombay Provincial Municipal Corporation Act, 1949 (for short "BPMC Act"). The Election of Ward No. 42 of respondent No. 2 was called in question. Respondent No. 3 is the Election Returning Officer (for short "E.R.O.") appointed by the State Election Commission to conduct the elections. Respondent Nos. 4 to 10 are the candidates who contested the election from Ward No. 42.

(3.) In Writ Petition No. 2386 of 2009, the petitioners are the PMC and E.R.O. as re-ferred above. Respondent No. 1 in this petition is original election petitioner. Respondent No. 2 is original respondent No. 3 and others are contested candidates in E.P., as referred above.