Rule is made returnable forthwith in both the Writ Petitions by consent of Mr. R.R. Shrivastava, Adv. and Mr. N.S. Khubalkar, Adv. for the Petitioners and Smt. Indira Bodade, Assistant Government Pleader, Mr. Pradeep Marpakwar, Adv. and Mr. S.M. Puranik, Adv. for Respondents. Since the cause of action involved in both the Writ Petitions is identical, they are heard together and disposed of by this judgment.

2. The following facts have given rise to filing of both these petitions:

That the State Election Commissioner, Mumbai has published a notification dt.02-052008 and declared the bye-elections of the Ward Nos.64, 65,35,56,25,53,73 and 98 of Nagpur Municipal Corporation, Nagpur. As per the election program, the candidates who wanted to contest the bye-elections were required to submit their nomination forms between 14th

2008(5) ALL MR. Oct.

May, 2008 to 21st May, 2008. Scrutiny of the nomination papers was scheduled to be held on 22-05- 2008. The date for publishing the names of eligible candidates was 30-05-2008. The last date for withdrawal of nomination forms was 02-06-2008. Allotment of symbol was to be declared on 05-06-2008. Final list was to be published on 06-