ANJUM FATIMA ASLAM Vs. AYESHA ANIS SHAIKH ADULT

JUDGEMENT

(1.) Heard finally, by consent.

(2.) The petitioner has challenged two separate impugned orders dated 22nd January, 2009 at Exhibit 45 and 48 in Election Petition No. 51 of 2007 pending for final hearing in a Small Causes Court at Bombay, whereby the application for an amendment and application for recalling the witnesses and to led evidence were rejected.

(3.) The petitioner was declared as elected candidate from Ward No. 3 in the Election of Bombay Municipal Corporation i.e. B.M.C. held on 1st February, 2007. The said Ward was a Reserved Ward for Other Backward Class woman candidates. Respondent No. 1 had challenged the election of the petitioner in Election Petition No. 51 of 2007 on the ground that the petitioner is not O.B.C. candidate and therefore, was not qualified even to contest the election as the petitioner filed false and improper nomination form. These facts are not in dispute.