KANTAWALA C.J. - Applicant Dattatraya Narhar Pitale has filed this Revision Application against the order of the learned Extra Assistant Judge, Amravati setting aside his election to Amravati Municipal Council from Ward No. 25. Elections to Amravati Municipal Council were held in July 1967 under the Maharashtra Municipalities Act, 1965 (hereinafter referred to as 'the Act'). There were several Wards within the limits of Amravati Municipal Council and from Ward No. 25 there were 3 candidates viz. the applicant, opponent No.1 and opponent No.2. The applicant secured highest number of votes viz., 352 while opponents Nos. 1 and 2 respectively secured 203 and 198 votes. As the applicant secured highest number of votes, he was declared elected.

2. On August 21, 1967 opponent No.2 filed an election petition under section 21 (1) of the Act challenging the validity of the election of the applicant. The only ground on which the validity of the election was challenged, was that the wife of the applicant was employed as the Head-Mistress in Municipal Marathi Girls I. E M. School, Amravati, that she was residing with the applicant in the same house and that accordingly the applicant wa