Section 33 in The Mumbai Municipal Corporation Act, 1888
33. Election petitions to be heard and disposed of by Chief Judge of the Small Cause Court.
(1)if the qualification of any person declared to be elected for being a councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection [by the State Election Commissioner] [These words were substituted for the words by 'the Commissioner' by Maharashtra 41 of 1994, Section 30(a).] of a nomination or of the improper reception of refusal of a vote, or for any other cause [or if the validity of the election of a person is questioned on the ground that he has committed a corrupt practice within the meaning of section 28F] [This portion was inserted by Bombay 54 of 1955, Section 7(1).], any person enrolled in the municipal election roll may, at any time, within [ten days] [This words 'ten days' was substituted for 'fifteen days' by Maharashtra 10 of 1998.] [from the date on which the list prescribed under clause (k) of section 28] [The words were substituted for the original words by Bombay 1 of 1925, Section 12.] was available for sale or inspection [* * *] [The words 'in the Commissioner's Office' were deleted by Maharashtra 41 of 1994, Section 30(b).] apply to the Chief Judge of the Small Cause Court. [If the application is for a declaration that any particular candidate shall be deemed to have been elected, the applicant shall make parties to his application all candidates who although not declare elected, have, according to the results declared [by the State Election Commissioner] [These words were added by Bombay 5 of 1905, Section 5(1)(b).] under section 32, a greater number of votes than the said candidate, and proceed against them in the same manner as against the said candidate.](1A)[ The applicant shall whenever so required by the Chief Judge, deposit in the Court a sum of Rs. 500 in cash or Government securities of equivalent value at the market rate of the day as security for any costs which the applicant, may be ordered to pay to other parties to the said application.] [Sub-section (1A) was inserted by Bombay 1 of 1946, Section 14 read with Bombay 8 of 1948, Section 4.](2)If the said Chief Judge, after making such inquiry as he deems necessary, finds that the election was valid election and that the person whose election is objected to is not disqualified he shall confirm the declared result of the election. [If he finds that the person whose election is objected to is disqualified for being a councillor he shall declare such person's election null and void. If he find that the election is not a valid election he shall set it aside. In either case he shall direct that the candidate if any in whose favour the next highest number of valid votes is recorded after the said person [* * * *] [These words were substituted for the original words by Bombay 5 of 1905, Section 5(2).] and against whose election no cause of objection is found, shall be deemed to have been elected.](2A)[ When an election of a person is questioned on the ground that he has committed a corrupt practice within the meaning of section 28F, the Chief Judge shall, if he is satisfied that a candidate has committed such corrupt practice, declare a candidate disqualified both for the purposes of that election and of such fresh election as may be held during the current term of office of the councillors elected at the general election and shall set aside the election of such candidate if he has been elected.] [This sub-section was inserted by Bombay 54 of 1955, Section 7(2).](3)The said Chief Judge's order shall be conclusive.(4)[* * * * * * * *] [Sub-section (4) was omitted by Bombay, 28 of 1935, Section 3.](5)Every election not called in question in accordance with the foregoing provisions shall be deemed to have been to all intents a good and valid election.
