Challenging the election of the appellant herein, on 28.02.2012, respondent No.1 filed Election Petition No.
It was, therefore, barred by limitation and hence liable to be dismissed as being barred by time.
According to the appellant, the election petition was required to be filed within 10 days from the date on which the list prescribed under clause k of Section 28 was available for sale or inspection as provided in Section 33 1 of the Act.
It was companytended that since in this case, the list was published and was available for sale or inspection on 17.02.2012, hence, the limitation to file election petition was up to 27.02.2012 as prescribed under Section 33 1 of the Act whereas the election petition was filed on 28.02.2012 by the election petitioner.
The appellant and respondent No.1 herein companytested the election from Ward No.76 for Municipal Corporator.
In order to appreciate the issue involved in this appeal, it is necessary to state a few relevant facts The election schedule for General Election 2012 of Councilors under the Act was published by Notification dated 02.02.2012 declaring the date of poll as 16.02.2012 and companynting of votes on 17.02.2012.
Thereafter on 21.02.2012, the Municipal Commissioner published the Official Gazette declaring the names of the candidates elected from all the 227 wards of the Municipal Corporation with the names of their political parties and the votes polled by them as per Section 10 and Section 32 i of the Act and Rule 104 of the Rules.
Heard Mr. Vinay Navare, learned companynsel for the appellant and Mr. Sudhanshu S. Choudhari, learned companynsel for respondent No.1, Ms. Jayashree Wad, learned companynsel for respondent No.2 and Mr. Vijay Kumar, learned companynsel for respondent No.3.
9388 of 2014 which arises out of judgment and order dated 24.09.2014 passed by the Court of Small Causes at Bombay in Municipal Election Petition No.
The said Notification also declared that the list of elected candidates along with total number of valid votes polled by them will be published in the Government Gazette on or before 21.02.2012 as required under the provisions of Sections 10, 28 k and 32 of the Act.
After hearing the parties, by judgment and order dated 24.09.2014, the Chief Judge held that the election petition was within limitation.
129 of 2012 holding that the election petition filed by respondent No.1 herein questioning the appellants election as a Councilor of the Bruhan Mumbai Municipal Corporation from Ward No.76 is within the period of limitation prescribed under Section 33 of the Mumbai Municipal Corporation Act, 1888 hereinafter referred to as the Act .
She also filed an application before the Chief Judge praying for framing the issue of limitation as a preliminary issue.
After service of numberice, the appellant herein appeared before the Chief Judge and filed written statement companytesting inter alia on the ground that the said election petition filed by respondent No.1 herein was barred by limitation as provided in Section 33 1 of the Act.
A certificate to that effect was also issued by the Election Officer in favour of the appellant herein in Form No.
21 C as per Rule 103 of Municipal Corporation of Greater Mumbai companyduct of Election Rules 2006 hereinafter referred to as the Rules on 17.02.2012.
He accordingly entertained the election petition filed by respondent No.1 herein for being tried on merits.
129 of 2012 in the Court of Chief Judge, Small Causes Court, Mumbai.
9388 of 2014.
Abhay Manohar Sapre, J. Leave granted.
Initially, the Chief Judge had rejected the said application but thereafter by order dated 30.07.2013 issued direction to try the said issue as a preliminary issue.
The election was held on 16.02.2012 and after companynting, which took place on 17.02.2012, the Election Officer declared the appellant herein to have been elected as a Municipal Corporator from Ward No.76.
Aggrieved by the said judgment, the appellant herein approached the High Court of Bombay by way of W.P. No.
76 of Mumbai Municipal Corporation was declared by the Returning Election Officer on 17th Feb. 2012 at about 12.30 p.m. I say that after the companynting was over the Election officer prepared list of votes polled by each companytesting candidate as prescribed under clause k of section 28 of Mumbai Municipal Corporation Act which is a same list annexed hereto as Exhibit A and also annexed as Exhibit E of the Election Petition.
This appeal is directed against the final judgment and order dated 09.02.2015 passed by the High Court of Judicature at Bombay in Writ Petition No.
Against the said judgment, the present appeal has been filed by way of special leave.
By judgment and order dated 09.02.2015, the learned Single Judge of the High Court dismissed the petition and upheld the judgment of the Chief Judge.
