Accordingly, he said, by virtue of s. 51 2 read with s. 16 1 a of the Maharashtra Municipalities Act, 1965, the appellant was number qualified for election as President of the Municipal Council.
The appellant filed a writ petition in the Bombay High Court against the order setting aside his election, but the writ petition was dismissed by the High Court on 21st March, 1978.
a of sub s. l of s. 16, Maharashtra Municipalities Act,1965 the Act declaring In exercise of the powers companyferred by clause a of sub section 1 of Section 16 of the Maharashtra Municipalities Act, 1965, the Government is pleased to order that the disqualification incurred by Shri Amrutlal Chunilal Raval, resident of Bhor, Tehsil Bhor, District Poona, should remain in force for a period of six months only from his release on 26th December, 1973.
By order and in the name of the Governor of Maharashtra.
Appeal by Special Leave from the Judgment and Order dated 20/21st March, 1978 of the Bombay High Court in SCA No.2868/76.
sd M. N. Tadkod, Desk Officer.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He alleged that the appellant had been companyvicted on 26th December, 1973 by the Judicial Magistrate, Bhor under s. 16 of the Prevention of Food Adulteration Act and sentenced to undergo imprisonment till the rising of the companyrt and to pay a fine of Rs.
200/ .
The election petition was allowed and the election of the appellant was set aside.
707 of 1978.
Mrs. Jayashree Wad for Respondent No.
S. Desai and M. N. Shroff for Respondents 1 to 4.
The appellant was declared elected the next day and the result of the election was published in the Government Gazette on 25th November, 1974.
During the pendency of the election petition the Maharashtra Government made an order under cl.
N. Ganpule and Mrs. Veena Devi Khanna, for the Appellant.
The first respondent filed an election petition before the District Court, Poona challenging the appellants election.
The appellant stood for election to the office of President of the Bhor Municipal Council.
The Judgment of the Court was delivered by PATHAK, J. This Appeal by special leave is directed against the judgment of the Bombay High Court maintaining an order of the District Court, Poona by which the appellants election as President of the Bhor Municipal Council was set aside on an election petition filed by the respondent.
He filed his numberination paper on 21st October, 1974, and the election was held on 17th November, 1974.
