N.V. DABHOLKAR, J.:- Both these writ petitions, by mutual consent of the parties and taking into consideration the importance of the issue involved, were taken up for hearing expeditiously. By mutual consent, Rule was made returnable forthwith and the matters were argued before us daily afternoon from 28-72006 onwards.

2. Two gentlemen - Deep and Sandip (Sandeep), claiming /believing that each of them is the only duly elected Mayor of the Corporation of City of Ahmednagar, have approached this Court, praying to invoke its plenary jurisdiction under Article 226 of the Constitution of India, in his favour and against the other. Each petitioner is respondent no.6 in the other petition. Respondent no.7, in the first writ petition, is said to be Deputy Mayor elected in a meeting on the same day i.e. 30-6-2006 wherein Sandeep claims to have been elected as Mayor. Respondent nos. 1 & 2, in both petitions, are State authorities, respondent nos.3 & 4 are associated with the Corporation and respondent no.5 - Shri. Bhagwan Fulsaunder (Fulsaunder) is the outgoing Mayor.

We intend to reproduce the main prayers in both the writ petitions for ready reference.

In Writ Petition No.5146/2006, petitioner - Deep has prayed as follows :

"(C) Issue writ of certiorari and/or any other appropriate writ or direction in the like nature thereby quash and set aside the illegal minutes of proceeding of the special meeting presided over by Namdeo Shantaram Pawar for the post of Mayor as well as meeting presided over by Respondent No.6 Sandeep Kotkar for the post of Deputy Mayor dated 30-6-2006 after 4.00 p.m. (Exhibit 'G' collectively).

(D) Issue writ of certiorari and/or any other appropriate writ or direction in the like nature thereby quash and set aside letter/ communication issued by the Respondent No.2 Deputy Secretary, Urban Development Department dated 6th July, 2006 (Exhibit I).

(E) Issue writ of certiorari and/or any other appropriate writ or direction in the like nature thereby quash and set aside order passed by the Respondent No.3 - Municipal Commissioner, Ahmednagar City Municipal Corporation, Ahmednagar, dated 10th July, 2006 (Exhibit J)."

It may be said that prayers (A) and (B) are formal prayers. Prayers (F) to (I) claim interim relief, practically in terms of main relief. There is also residuary prayer clause (1), wherein petitioner has prayed for just and appropriate order in favour of petitioner in the facts and circumstances of the case.

In Writ Petition No.5376/2006, Sandeep has prayed, thus :

"(B) Issue a writ of certiorari or writ in the nature of certiorari to quash and set aside the Resultation (resolution) dated 306-2006 of the Ahmednagar Municipal Corporation, prepared by the Respondent No.5 declaring the Respondent No.6 as elected Mayor and invalidating the nomination form of the petitioner."

Prayer clause (A) is formal.

By prayer clauses (C) & (D), interim relief for staying the operation and execution of the impugned resolution is prayed for. Prayer clause (E) is residuary clause in the same words as prayer clause (J) in the first writ petition.

It may be said that, as the factual matrix we are going to give in the next paragraph reflects, both petitioners claim to have been elected as Mayor in the special meeting held on 30-6-2006 and in addition petitioner Sandeep claims that respondent no.7 - Deepak SuI in first writ petition, was elected as Deputy Mayor in a meeting on the same day, which was followed immediately after election of Sandeep as Mayor and presided over by Sandeep. Taking the prayer clauses in the two petitions, it can be said that Deep desires quashment of the elections in which Sandeep claims to have been elected as Mayor and Deepak Sul to have been elected as Deputy Mayor immediately thereafter. Similarly, Sandeep desires quashment of election of Deep as Mayor.

3. Factual matrix, to the extent the same is not disputed, can be narrated as follows:

The Municipal Corporation of the City of Ahmednagar was constituted by a n

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