HARDAS MAKHIJA CORPORATOR OF ULHASNAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule is made returnable forthwith. Heard parties.

(2.) BY the present petition, the petitioner impugns the election to the post of Mayor of respondent No. 2 - Ulhasnagar Municipal Corporation, held on 20th April 1999. At the said election, respondent No. 7 has been declared elected.

(3.) THE meeting of the aforesaid election was presided over by respondent No. 6 the outgoing Mayor. Respondent Nos. 8 and 9 were appointed as scrutineers. After the members had cast their votes, scrutineers scrutinised the votes. At that stage, it appears, respondent No. 7 raised an objection in respect of validity of one vote which was cast in favour of the petitioner. The scrutineers overruled the objection. On account of the votes secured by the respective candidates the result of the election was announced by declaring the petitioner as having been elected. The petitioner was declared to have secured 34 votes as against 33 votes secured by respondent No. 7. At this stage, respondent No. 6 who in her capacity as the outgoing Mayor was presiding over the meeting, declared the vote which had been held to be a valid vote by the scrutineers as invalid. As a consequence, she held that both the petitioner and the respondent No. 7 had each secured 33 votes. Thereafter respondent No. 6 voted her casting vote in favour of respondent No. 7. As a consequence, respondent No. 6 declared respondent No. 7 as duly elected for the post of Mayor.