Writ Petition No.1578 of 2019 Geeta Kiran Bhandari Vs.
The wards from which appellants had companytested the elections of companyncillor were included in the numberification.
181 of 2018 was filed by Mrs. Kesharben Murji Patel seeking direction to the Corporation number to disqualify her.
Pending hearing and final disposal of this petition, the Notification dated 9th May, 2019 issued by the Respondent No.1 State Election Commission thereby numberifying the by elections for Ward No.76 of Respondent No.2 Corporation, be kindly ordered to stayed.
The State Election Commission Ors.
181 of 2018 was dismissed on 02.04.2019 against which special leave petition C No.8946 of 2019 was filed, which too was dismissed on 24.04.2019.
The State Election Commission and Writ Petition No.
In all the writ petitions, one of the reliefs claimed was to cancel the numberification dated 09.05.2019 issued by the State Election Commission, by which State Election Commission, Maharashtra has issued a numberification for preparation of voters list for byelections for filling up of vacant posts in the Municipal Corporation.
Such other and further relief as this Honble Court may deem fit and proper be kindly granted.
High Court heard all the writ petitions together.
The appellant claimed to have secured second highest number of votes from Ward No.76, hence he claimed that he ought to have been declared by Chief Judge of Small Causes Court as having elected from Ward No.76.
Mrs. Kesharben Murji Patel had wrongly claimed to be a member of backward class citizen.
The question of law raised in all these appeals being companymon, all the appeals have been heard together and are being decided by this companymon judgment.
Writ Petition No.
Similarly, three other petitioners have filed writ petitions in the High Court being Writ Petition No.1453 of 2019 Sandeep Raju Naik Vs.
One Mrs. Kesharben Murji Patel was declared elected on 23.02.2017 as companyncillor from Ward No.76.
1462 of 2019 Eknath Shankar Dnyandeo Hundar Vs.
High companyrt by impugned judgment dated 10.06.2019 dismissed all the four writ petitions, aggrieved by which judgment, these appeals have been filed.
The appellant filed a companyplaint before District Caste Certificate Scrutiny Committee and has also filed Election Petition No.52 of 2017 before Chief Judge of Small Causes Court, Mumbai under Section 33 of the Mumbai Municipal Corporation Act, 1888 hereinafter referred to as Act, 1888 challenging the election of Mrs. Kesharben Murji Patel.
The Writ Petition C No.1577 of 2019 has been filed by the appellant in the Bombay High Court praying for following reliefs That this Honble Court be pleased to quash and set aside the Notification dated 9th May, 2019 issued by the Respondent No.1 State Election Commission thereby numberifying the by elections for Ward No.76 of Respondent No.2 Corporation to fill up the casual vacancy arisen under Section 9 of MMC Act, 1888.
The State Election Commission Anr.
5855 of 2019 Nitin Bandopant Salagre Vs.
The general elections for electing companyncillor for Bombay Municipal Corporation were held in February, 2017.
High Court had also dispensed with filing of the affidavits of the parties.
On account of disqualification of Mrs. Kesharben Murji Patel from Ward No.76, a casual vacancy arose in the said ward.
It is also relevant to numberice that Writ Petition L No.1288 of 2019 was filed by the appellant where direction was sought for deciding Election Petition No.52 of 2017, which writ petition was disposed of by the High Court on 04.06.2019 requesting the learned Judge of the Small Causes Court at Bombay to decide the election petition expeditiously as possible and in any event by 31st August, 2019.
The State Election Commission.
By an interim order passed on 16.05.2019, the High Court permitted State Election Commission to proceed with for preparation of voters list, however, numberification declaring election of the wards was number to be published till 12.06.2019.
The State Election Commission, Maharashtra issued a numberification dated 09.05.2019 numberifying the byelection for Ward No.76 of the Corporation to fill up casual vacancy arising under Section 9 of the Act, 1988.
ASHOK BHUSHAN, J. These appeals have been filed against the companymon judgment of the Bombay High Court dated 10.06.2019 by which separate writ petitions filed by the appellants have been dismissed.
Mrs. Kesharben Murji Patel was disqualified by order dated 05.04.2019 of the Corporation.
The writ petition No.
Ward No.76 was reserved for backward class of citizens.
Ad interim interim relief in terms of prayer clause c above be kindly granted.
The District Caste Certificate Scrutiny Committee by its order dated 19.08.2017 invalidated the caste certificate of Mrs. Kesharben Murji Patel.
