ORAL JUDGMENT :- Rule. Rule made returnable forthwith. The matter is finally heard with consent of learned counsel for the parties.

2. The election programme for the election to Deolali Pravara Municipal Council was declared and Ward No.5 was earmarked for open category. The respondent No.5 filed his nomination form for contesting the election to the Municipal Council from Ward No.5 from general category. The nomination form of the respondent No.5 was, however, rejected by the respondent No.4. Returning Officer by order dated 29-10-2006. Being aggrieved by the order of rejection of his nomination form, the respondent No. 5 preferred an election appeal before the 2nd Ad hoc Additional District Judge, Ahmednagar, which came to be numbered as Election Appeal No.1 of 2006. The 2nd Ad hoc Additional District Judge, by the judgment dated 3-11-2006, allowed the appeal filed by the respondent No.5 and declared that the order passed by the Returning Officer on 29-10-2006 was illegal. The Returning Officer was directed to accept the nomination form of the respondent No. 5 and to allow him to contest the election. The order passed by the 2nd Ad hoc Additional District Judge on 3-112006 is imp

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