JUDGEMENT
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(1.)THE present petition pertains to a dispute in respect of the election of respondent No. 1 to the post of President of Bhiwandi-Nizampur Municipal Council. Petitioner and respondent No. 1 were the only contesting candidates for the election to the post of President held on 9th May, 1997. The post of President for the present term is earmarked for open category candidates. As far as petitioner is concerned, he belongs to the open category and has been elected from a ward earmarked for open category candidates. As far as respondent No. 1 is concerned he belongs to the backward class citizens and has been elected from a ward reserved for backward class citizens. Apart from the petitioner and respondent No. 1, one Shri Dalavi Javed Gulam Mohamad had also filed his nomination for the post of President. He, however, withdrew his nomination. After respondent No. 1 filed his nomination petitioner had raised an objection to his nomination on the ground that the post of President had been earmarked for open category candidates and hence respondent No. 1 who had been elected from a ward earmarked for backward class citizen was not eligible to contest. The said objection did not find favour with the Sub-Divisional Officer, who, by an order passed on 9th May, 1997 overruled the objection. Petitioner and respondent No. 1 were the only candidates in the fray. Elections were accordingly held and respondent No. 1 was declared elected.
(2.)THE petitioner, being aggrieved by the order, overruling his objection to the nomination of respondent No. 1, carried the matter in appeal to the Commissioner/regional Director of Municipal Administration who, by an order passed on 12th June, 1997, confirmed the order passed by the Sub-Divisional Officer and dismissed the appeal. Taking exception to the aforesaid orders passed by the Sub-Divisional Officer and Commissioner/regional Director of Municipal Administration, the petitioner has preferred the present petition.
(3.)THE short question which has been raised in the present petition is in regard to the eligibility of respondent No. 1 to contest for the post of President. The post of President, as already indicated, has been earmarked for the open category candidate. As far as petitioner is concerned, he belongs to the open category and has been elected from a ward earmarked for open category candidates. Respondent No. 1 on the other hand belongs to the backward class citizens and has been elected from a ward reserved for backward class citizens.
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