1. By this petition, filed under Article 226 of the Constitution of India, the petitioner is taking an exception to the Judgment and Order dated 08.07.2016, passed by the Additional Chief Judge of Small Causes Court, Mumbai in Municipal Election Petition No.87 of 2012. By the said Judgment and Order, the election of the petitioner, dated 17.02.2012 from Ward No.156 of the Mumbai Municipal Corporation was declared as null and void. At the same time, respondent No.3 herein was declared as elected from the said ward under the provisions of Section 33(2) of the Mumbai Municipal Corporation Act, 1882 (hereinafter referred to as the 'MMC Act').

2. Certain facts are not in dispute. The petitioner herein has contested the election for the post of councillor from Ward No.156 of the Mumbai Municipal Corporation, from a constituency reserved for Other Backward Class Community (hereinafter referred to as the 'OBC'). The result of the election was declared on 17.02.2012. The petitioner was declared as elected having secured highest number of votes. Respondent No.3 herein has also contested the said election from the same ward and he has secured second highest number of votes.

3. Being a