The Kolhapur Municipal Corporation Through The Commissioner And ANR. v. State Election Commission, Through The Chief Election Commissioner And ORS.

1 WP 7010-15.doc-P-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7010 OF 2015 The Kolhapur Municipal Corporation, ] Through the Commissioner and Anr.

] ... Petitioners

Versus

State Election Commission, ] Through The Chief Election Commissioner ] and Ors.

] ... Respondents Mr. A. M. Adagule for Petitioners.

Mr. M. Bhora h/f Mr. S. B. Shetye for Respondent No.1. Mr. C. K. Bhangoji h/f Mr. R. K. Mendadkar for Respondent No.3. CORAM :- M. S. SONAK, J.

DATE :- OCTOBER 01, 2015 P. C. :- 1.

Not on board. Upon production, taken on board. 2.

By order dated 02/05/2015 which is impugned in this petition, election of respondent no.2 as Councilor was set aside and directions were issued for conduct of fresh elections to the vacancy occasioned thereby. The respondent no.2 had challenged the order dated 02/05/2015 before this Court vide Writ Petition No.5746 of 2015, which was since dismissed by this Court on 02/07/2015. It is stated that even the Special Leave Petition against the order dated 02/07/2015 was refused.

2 WP 7010-15.doc-P-20 3.

The petitioner - The Kolhapur Municipal Corporation has purported to challenge the same order dated 02/05/2015. The challenge, in the circumstances, is entirely misconceived. However, the learned Counsel for petitioners submits that general elections to the Kolhapur Municipal Corporation have already been declared by State Election Commission on 28/09/2015. The election process commences on 06/10/2015 and the actual elections are to be held on 01/11/2015. In view of this development, the learned Counsel for petitioners contends that there need not be any separate compliance with the direction to hold a bye-election on account of the election of respondent no.2 having been set aside. The submission is reasonable in the facts and circumstances of the present case. 4.

Accordingly, since the general elections are to be held on 01/11/2015 itself, it is declared that there is sufficient compliance on the part of the petitioners with the directions contained in the impugned order dated 02/05/2015. With this observation, the present petition is disposed of. There shall be no order as to costs. (M. S. SONAK, J.)

3 WP 7010-15.doc-P-20 CERTIFICATE Certified to be true and correct copy of the original signed Order.