JUDGMENT :

Rule. Rule made returnable forthwith. The learned counsel for the respondents waive service. Heard finally by consent of parties.

2. The challenge in this petition is to the judgment and order dated 16 March 2019 passed by the learned Civil Judge, Senior Division at Thane in Election Petition No.2/2017. By the impugned judgment, the election petition filed by the first respondent has been allowed, thereby setting aside the election of the petitioner as a Councilor from Ward No.12-D of Thane Municipal Corporation and the first respondent is declared as an elected candidate from the said ward in the place of the petitioner.

3. The brief facts necessary for the disposal of the petition may be stated thus-

That the general elections of the Municipal Corporation, Thane were held in February 2017 in which the petitioner and the respondent Nos.1 to 4 were the contesting candidates, from Ward No.12-D, Siddheshwar Talav, Nagdevwadi, Chandanwadi, Thane (West). In the said election, the petitioner polled highest number of votes being 9184. The first respondent was the immediate rival who polled 8171 votes. The respondent Nos.2 to 4 secured respectively 4446, 1600 and 216 votes. The pet