TEHSILDAR HINGANGHAT Vs. DEORAO

JUDGEMENT

(1.) This is an appeal by special leave from the judgment and order of the Bombay High Court dated July 28, 1967 allowing a writ application filed by the respondents. Nobody appeared to oppose this appeal on their behalf. Therefore, it hearing proceeded ex parte.

(2.) The respondents were members of the Village Panchayat of village Tas which is included in the electoral division called Samudrapur-Kandhli. New elections for this division for electing members to the Panchayat Samiti in accordance with Maharashtra Zila Parishads and Panchayat Samities Act, 1961 were to be held on July 31, 1967. The respondents claimed that they were members of the village Panchayat and were entitled to vote at the election. Their names, therefore, ought to have been included in the list of voters entitled to vote at the election for the Panchayat Samiti. The appellant by taking an erroneous view of the law made an order on July 12, 1967 rejecting the respondents' prayer for inclusion of their names in the voters' list. The High Court has allowed their application, quashed the order of the appellant and directed the inclusion of their names in the list of voters.

(3.) This appeal has remained pending in this Court for about 7 years and by this time elections must have been held to the Panchayat Samiti or fresh elections must have been held to fill up the office of the members of the Village Panchayat. Since the other side has not appeared, we could not be sure as to whether this appeal has become infructuous or not. In any event it has to fail as being without any merit.