JUDGMENT - C.S. DHARMADHIKARI, J.:---The petitioner Shri Chougule was the Councillor of the Municipal Corporation of Kolhapur. He was duly elected in the general elections held in May, 1978. His tenure as Municipal Councillor commenced from 16th of August, 1978 when the first meeting of the Council was held. Five years tenure of the Councillors, expired on 15th of August, 1983. By a notification dated 16th of July, 1983 issued under section 6 of the Bombay Provincial Municipal Corporation Act (hereinafter referred to as the Act), the said term was extended upto 31 of March, 1984. Prior to the expiry of the extended term the Municipal Corporation passed a resolution on 18th of December, 1982 for taking steps towards holding of the general elections. On 22nd of August, 1983 a tentative election programme was also drawn by the Municipal Commissioner. By this programme the 20th of February, 1984 was fixed as the date for filing the nominations under Rule 8 of the Rules. This date was duly approved by the Government vide Government Resolution dated 18th of November, 1983. First of October 1983 was specified as the date with reference to which the electoral rolls were to be prepared. On

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