1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1700 OF 2007 Ahmed Dawood Solanki .. Petitioner Vs. Brihan Mumbai Municipal Corporation and Anr. .. Respondents Mr.P.J.Thorat for the petitioner Ms.A.K.Savla for respondent no.1 Ms.R.B.Dalvi i/b Mr.A.I.I.Patel for respondent no.2 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATED : 29TH JULY, 2008 DATED : 29TH JULY, 2008 DATED : 29TH JULY, 2008 P.C.: 1. The petitioner has approached this court by invoking its extraordinary Jurisdiction under Article 226 of the Constitution of India seeking direction against respondent nos.1 to initiate appropriate action, against respondent nos.2 for recovery of all benefits availed by the respondent no.2 during the tenure of Municipal Councillor and also to initiate appropriate action against the 2 respondent no.2 for furnishing false affidavit for the purpose of election of Municipal Councillor. 2. In the affidavit in reply, the respondent Corporation has stated that the petitioner having failed to challenge the election of the respondent no.2 as Councillor by filing the Election Petition before the Small Causes Court under section 33 of the MMC Act within the stipulated period, it cannot be held that the petitioner stood disqualified as Councillor for the tenure he was elected and the election went unchallenged. Further, even there is no complain received by respondent no.1 that the respondent no.2 has filed false affidavit in reply. 3. We find that this petition is an after thought and no relief as sought for by the petitioner can be granted. The petitioner having failed to agitate the issue before the appropriate forum and therefore, the petition is dismissed. There will be no order as to costs. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) 3 ( K.K. TATED, J ) ( K.K. TATED, J ) ( K.K. TATED, J )