The judgment establishes the principle that the applicability of an amending act to the electoral process is determined by the timing of the declaration of the election program, and the word 'election' encompasses the entire electoral process.

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 06-06-2008. The elections were to be held on 22-06-2008 and counting of votes was to be held on 23-06-2008 and the result of the elections were to be declared on 27-06-2008.

3. It is contended by the learned counsel for the petitioners that all the petitioners have submitted nomination forms from the Scheduled Caste category, however, their forms were rejected on the ground that they have not submitted the Caste Validity Certificate issued by the competent Caste Certificate Scrutiny Committee along with their nomination forms in view of the provisions of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2008 (Mah. xm of 2008) (hereinafter referred to as "the Amending Act") whereby the proviso to Section 9-AA of the City of Corporation Act, 1948 came to be deleted w.e.f. 12-05-2008. Being aggrieved by the action of rejection of nomination forms of the petitioners, both the present Writ Petitions are filed challenging validity of the said action of the Returning Officer (Respondent No.4).

4. Mr. R.R. Shrivastava, Adv. for the Petitioners has submitted that, in view of the provisions of Article 243-ZA of the Constitution of India r/w. Section 9-B of the City of Nagpur Corporation Act, 1948, it is the State Election Commission alone which is authorized to supervise, direct, control and to conduct the bye-elections in question. In other words, it is the Election Commission who is empowered to exercise power of Superintendence, directions and control over the conduct of elections. The Commissioner, Nagpur Municipal Corporation does not have any of the said powers and is required to act merely as per the directions issued by the Election Commission and to carry out and implement the directions issued by the State Election Commission.

5. It is the case of the petitioners that the State Election Commission vide communication dt. 02-05-2008 directed the Commissioner, Nagpur Municipal Corporation to hold bye-elections of the wards in question. It is submitted that the entire election program (as referred to hereinabove) was also annexed with the said communication. Learned counsel for the petitioners have contended that the date of declaration of election program was 02-052008, which was prior to the date on which the Amending Act came into force i.e. 12-05-2008 and therefore, the bye-elections were required to be conducted as per the procedure stipulated in Section 9-AA before amendment, which permitted the candidate who has filed the nomination form, provided he has already applied to the Scheduled Tribe Scrutiny Committee for verification of his caste certificate before the date of filing of nomination paper, but has not received the Validity Certificate on the date of filling the nomination paper, to submit along with the nomination p