1 Rule, with the consent of the learned counsel for the parties i.e. the learned counsel for the Petitioner and the learned counsel for the Respondent No.1 made returnable forthwith and heard.

2 It is not necessary to issue notice to other Respondents as the Petitioner herein is the returned candidate and the Respondent No.1 herein was the Election Petitioner, and therefore, they are the main contesting parties.

3 The writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India is invoked against the order dated 12/12/2013 passed by the learned Joint Civil Judge, Senior Division, Malegaon by which order the Election Petition being No.2 of 2012 filed by the Respondent No.1 herein was allowed and resultantly the election of the Petitioner from Ward No.23B of Malegaon Municipal Corporation came to be set aside.

4 The facts necessary to be cited for the adjudication of the Petition can be stated thus:-

The Petitioner herein had filed his nomination from Ward No.23B of the Malegaon Municipal Corporation for being elected as a Corporator from the said ward. The Respondents herein were the other candidates from the said ward. Elections for the Malegaon Muni