JUDGMENT - SUGLA T.D., J.:---Writ Petition No. 5298 of 1986 filed under Article 226 of the Constitution of India is by petitioner Bapusaheb Laxmanrao Mohite. By this petition he has challenged the Judgement and order dated 28th October, 1986 passed by the learned Joint Civil Judge, Senior Division, Kolhapur in Election Petition No. 14 of 1985 whereunder the election of the petitioner as a corporator of the Kolhapur Municipal Corporation from Ward No. 58-E, New Shahupuri, Kolhapur was declared illegal and void and the respondent No. 1 Suresh Bapu Gavali, who is petitioner in Writ Petition No. 1521 of 1987, was declared elected by a Margin of 12 votes. It is common ground that on the counting of votes by the Returning Officer, the petitioner was found to have secured 648 valid votes as against 646 by the respondent No. 1. Accordingly, he was declared elected to the Kolhapur Municipal Corporation as corporator. The election petition was filed by the respondent No. 1 being Election Petition No. 14 of 1985 in the Court of Joint Civil Judge, Senior Division, Kolhapur. The prayers in that petition, inter alia, were that certain votes cast in his favour were wrongly declared invalid; that

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