JUDGMENT - ASHOK AGARWAL, J.:---The present petition pertains to a dispute in respect of the election of respondent No. 1 to the post of President of Bhiwandi-Nizampur Municipal Council. Petitioner and respondent No. 1 were the only contesting candidates for the election to the post of President held on 9th May, 1997. The post of President for the present term is earmarked for open category candidates. As far as petitioner is concerned, he belongs to the open category and has been elected from a ward earmarked for open category candidates. As far as respondent No. 1 is concerned he belongs to the backward class citizens and has been elected from a ward reserved for backward class citizens. Apart from the petitioner and respondent No. 1, one Shri Dalavi Javed Gulam Mohamad had also filed his nomination for the post of President. He, however, withdrew his nomination. After respondent No. 1 filed his nomination petitioner had raised an objection to his nomination on the ground that the post of President had been earmarked for open category candidates and hence respondent No. 1 who had been elected from a ward earmarked for backward class citizen was not eligible to contest. The said o

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