1. Rule. Respondent Nos.1 and 3 waive service. The others are not contesting parties and are hence not required to be served. By consent, Rule made returnable forthwith.

2. By this Writ Petition under Article 227 of the Constitution of India, the Petitioner challenges an order passed by the Small Causes Court at Mumbai dated 06.03.2009. By this order rendered on preliminary issues as per Exhibit 17(A), it has been held that paragraph Nos.3, 3(a), 3(b), 3(c), 3(d), 3(e), 3(f), 3(g), 3(h), 3(i), 3(j), 3(k), 3(l), 3(m), 3 (p), 3(q) and 3(r) of the election petition do not disclose any cause of action, therefore, the said paragraphs are liable to be struck off. However, it is held that the election petition is not liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure.

3. Aggrieved by this order, the original Election Petitioner has filed the present Writ Petition.

4. Election Petition No.21/2007 was filed by the Petitioner in the Court of Small Causes at Mumbai under Section 33(1) of the Mumbai Municipal Corporation Act, 1888.

5. It was the case of the Petitioner that the elections to the Bombay Municipal Corporation were held on 01.02.2007. The result