JUDGMENT - B.H. MARLAPALLE, J.:---Heard learned Counsel for the respective parties. Rule, By consent of the parties, rule made returnable forthwith.

2. The facts of the case shortly mentioned are as under :

The Ahmednagar Municipal Council has been devided in 48 wards. The ward elections for the Ahmednagar Municipal Council were held on 1-11-1996 and out of 48 wards, in all 9 wards namely Ward No. 2, 11, 15, 18, 22, 25, 35, 37 and 40 were reserved for the persons belonging to other Backward class category. The petitioner No. 1 was elected from Ward No. 2 whereas the petitioner No. 2 was elected from Ward No. 40 and both the wards were reserved for other Backward Class citizens. Both the petitioners belong to the other Backward Class category whereas the respondent No. 4, though belongs to other Backward Class category, contested elections from Ward No. 16 and got elected from the said ward which was earmarked for general category as it was not a ward reserved for either Scheduled Caste, Scheduled Tribes, other Backward Class or woman-category. The Collector, Ahmednagar issued order bearing No. MUN-Desk-/6-A/1285/95 and the seat of President of Ahmednagar Municipal Council came to

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