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2000 Supreme(Bom) 672

B.H.MARLAPALLE, D.S.ZOTING
Ashraf Yunus Motiwala & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:---We have heard the learned Counsel for the respective parties. Rule. Respondents waive service. Petition is taken up for final hearing forthwith with the consent of the parties.

2. Elections to the 83 wards of Aurangabad Municipal Corporation, Aurangabad (respondent No. 2 herein) were held in the month of April, 2000. The petitioner No. 1 is one such elected councillor from Ward No. 57 and petitioner No. 2 is elected councillor from Ward No. 67. So also, the respondent Nos. 7 and 8 are elected councillors. Elections to the post of Mayor were held soon thereafter and the respondent No. 4 came to be elected for the said post as a candidate of alliance between the Bhartiya Janata Party and Shiv Sena. He is elected by a margin of only one vote. 16 councillors came to be elected as members of the Standing Committee on 2nd May, 2000 as required under section 20 of the Bombay Provincial Municipal Corporations Act (for short, the Municipal Corporations Act). Under section 21(1) of the said Act, the councillors are also required to elect the Chairman of the standing committee and three persons had submitted their nomination forms for the post of chairman i.e



















































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