JUDGMENT - DHARMADHIKARI C.S., J.: - The general elections to the Kolhapur Municipal Corpn. were held on 30th January, 1985. The petitioner No. 1 Shri Ashok Anandrao Bhandare had filed a nomination paper from Ward No. 49. His name was proposed and seconded by the voters whose names were enrolled in the ward electoral rolls of the Ward No. 57. The petitioner No. 1 was also a voter enrolled in Ward No. 57. Thus neither the candidate nor the proposer or seconder were voters whose names were enrolled in the electoral rolls of the ward concerned i.e. Ward No. 49. Since the petitioner No. 1's name was not proposed by the voters in Ward No. 49, his nomination paper was rejected by the Returning Officer. Thereafter the elections were duly held to the said ward and the respondent No. 3. Shri Tukaram Manik Gothadki was declared as duly elected Councillor from Ward No. 49. The petitioners then filed an election petition challenging the said election. On the construction of Rule 9 read with other provisions of the Act and the rules, the learned Civil Judge S.D. Kolhapur, came to the conclusion that the proposer and the seconder should be voters in the concerned ward to which the candidate want

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