JUDGEMENT
Jamdar J. -
(1.)Both these writ petitions arise out of an order passed by the Extra Assistant Judge, Yavatmal, in an election petition, in which the validity of the election as president of the petitioner, in writ petition No. 2486 of 1978 is challenged.
(2.)The election of the President of Yavatmal Municipal Council was held on 25-5-1978. In that election, besides Fulchand Agarwal the petitioner in writ petition No. 2426 of 1978, 5 other candidates viz, Ramnarayan Ramgopal Chamediya petitioner in writ petition No. 2556 of 1978, N. N. Elkunchwar, Chandrakant Dattatraya Ruikar, Bhagatsingh Narayan Kolbe and Devidas Bhore, were the validly nominated candidates. Devidas Bhore duly withdrew his canidature before the date fixed for that purpose, thus leaving only 5 candidates in the field. Fulchand Agarwal was declared elected on 26-5-1978.
(3.)On 5-6-1978, Ramnarayan Ramgopal Chamediya petitioner in Writ Petition No. 2556 of 1978, filed election petition (Misc. Judicial Case No. 17 of 19781 under section 21 of the Maharashtra Municipalities Act, 1965, for setting aside the election of Fulchand Agarwal as the President of Yavatmal Municipal Council, on the ground of various illegalities, irregularities and unfair illegal and corrupt practices, enumerated in clauses (a) to (p) of para. 3 of the petition. Ramnarayan Chamediya also prayed that in place of Fulchand Agarwal, he should be declared to have been validly elected as the President of the Yavatmal Municipal Council. In the alternative, he prayed that a re-election should be ordered.
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