JUDGMENT - ASHOK AGARWAL, J.:---By the present petition, petitioner seeks a declaration that respondent Nos. 1 to 9, who have been elected as Members of the Mahabaleshwar Dewasthan Municipal Council, respondent No. 10 herein, have incurred a disqualification and hence are no longer entitled to function as councillors of respondents No. 10 Council. Petitioner has also prayed for other consequential reliefs ensuing from the aforesaid declaration.

2.Petitioner is a ratepayer and is a resident of Mahabaleshwar. He has also been elected as a councillor along with respondent Nos. 1 to 9 and others to the aforesaid Municipal Council. Elections to the Municipal Council were held on 1st of December, 1996. Petitioner was declared elected from Ward No. 8 whereas respondent Nos. 1 to 9 were declared elected from certain other wards of the Council. There being seventeen wards in the Council, seventeen councillors are elected. Each of the Councillors elected were not associated with any political party or Aghadi/front. Each of them contested the elections as independent candidates and are elected as such.

3.Soon after the elections, i.e. on the 2nd of December, 1996 itself, respondent Nos. 1 to 9

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