The petition, filed by Independent corporator, Tervinder Singh Dhillon (who contested for both posts and lost), alleges that the Shiv Sena had forced 16 of its corporators to be accompanied by `escorts' while casting their votes, violating the principle of the secret ballot. While neither of these 16 corporators are illiterate, it is surprising that they did not need escorts when they cast their votes during the deputy mayor's election, the petition points out. (The entire Opposition had boycotted the deputy mayor's election).

The petition demands that the elections be declared as null and void and a fresh election be ordered.

The bench, comprising Justices S H Kapadiya andB H Marlapalley, has directed that all 16 corporators be made respondents in the petition and that their affidavits be filed before the court by May 20. A common public notice can be issued to the corporators via the newspapers, the bench has held.

Counsel for the petitioner, K G Navander, argued that the corporation rules do not provide for any escorts during voting nor had any of the 16 corporators sought any such help. ``It was the returning officer, Shila Gunjale, the outgoing mayor, who had decided which of the Sena corporators should have an escort.

Rajendra Raghuvanshi appeared for Gunjale, while Anandbhushan Kanade is representing the State. Satish Talekar is pleading on behalf of the mayor, Sudam Sonawane, while V J Dixit is representing the AMC.