JUDGMENT - S.B. MHASE, J.:---Heard finally with the consent of the parties.

2.This petition under Articles 226 and 227 of the Constitution of India is directed against the decision given by the Second Joint Civil Judge, Senior Division, Amravati, on 30th December, 1997, in Election Petition No. 9 of 1997, wherein the election of the respondent No. 3 to the post of Councillor of the Amravati Municipal Corporation has been set aside and the respondent No. 2 has been declared elected in his place being the second candidate securing the highest valid votes in the said election.

3.The petitioner before this Court is original respondent No. 8, who had contested the election for the said post of Councillor from Ward No. 38 of the Amravati Municipal Corporation.

4.The general election of the Municipal Corporation, Amravati was held on 23rd February, 1997. The petitioner and the respondents Nos. 2 to 14 had contested the said election from Ward No. 38, which was reserved for the candidates belonging to the Other Backward Class In the said election, the respondent No. 2 obtained 517 votes; as against that, the respondent No. 3 obtained 558 votes. The petitioner obtained 480 votes. The responden

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