Judgement

VENKATACHALIAH, J. :- This appeal is by the returned-candidate, who was elected as a Member of the Deolali Cantonment Board ("Board") from Ward No. III at the election held on 22-12-1985 and whose election has been set aside by the Extra Joint District Judge, Nasik, in Election Petition No. 12 of 1985 at the instance of respondent No. 3 who was another contesting candidate.

The appellants Writ Petn. No. 1418 of 1987 before the High Court of Judicature at Bombay assailing the said order of the District Judge having been dismissed in limine on 17-3-1987. Appellant seeks special leave to appeal against the order of the High Court.

2. Special leave is granted. The appeal is taken up for final hearing, heard and disposed of by this judgment. We have heard Shri Ram Jethmalani, Senior Advocate for the appellant and Shri Bhasme, Senior Advocate for the respondent No. 3. Shri G. Ramaswamy, learned Solicitor-General appeared for the Cantonment Board, respondent No. 1.

3. The material facts necessary for determination of the controversy in this appeal may briefly be stated :

Appellant and respondent No. 3 were candidates at and contested the election for Membership from Ward No. I I of