SAVE MORESHWAR DINA NATH Vs. SHANTARAM KALE

JUDGEMENT

(1.) THE petitioner, who is an elected Councillor of the Municipal Corporation, Aurangabad, has filed this petition for declaration that he be declared elected as Mayor of the Aurangabad Municipal Corporation, as he has secured more votes than his rival candidate respondent No. 5 Narendra Patil, in an election held for that purpose. It may be noted that for the term councillor, parties have used the term corporator.

(2.) THE facts, which are not in dispute, are that the petitioner is the elected councillor of the Aurangabad Municipal Corporation. So also respondent No. 5 is the elected councillor of the Aurangabad Municipal Corporation. Respondent No. 1 is the Mayor of the Aurangabad Municipal Corporation and is also the presiding officer for the election of the Corporation for this year.

(3.) THE Municipal Corporation consists of 60 elected councillors, who are entitled to vote at the election of Mayor and Deputy Mayor. A meeting was actually held on 18th May, 1989 at 11 a. m. for the purpose of electing Mayor and Deputy Mayor of the Aurangabad Municipal Corporation. There were several candidates, who were nominated for both the elections. For the present, we are not concerned with the election of the Deputy Mayor, as the same did not take place. In this petition, we are merely concerned with the election of the Mayor. After withdrawal of the candidature by others, the petitioner and respondent No. 5 were the only two candidates who remained in the field for the election of Mayor. The voting has also taken place.