RATHOD BHOJAJI SHANTUJI Vs. PATHAN NASIRKHAN KESHARKHAN

JUDGEMENT

(1.) This special Civil Application arises from an election application filed under section 15 of the Bombay Village Panchayats Act 1958

(2.) The village Tundali situate in Mehsana Taluka has a Panchayat constituted under section 9 of the Act and that Panchayat consists of 7 members. The village is divided into 3 wards. Ward No. 1 has two seats out of which one is reserved for Harijans. Ward No. 2 has two seats out of which one is reserved for women and ward No. 3 has 3 seats out of which one is reserved for women. In other wards there are four general seats two seats reserved for women and one seat reserved for Harijans.

(3.) On December 16 1960 a general election was held wherein the petitioner and respondents 1 2 and 4 contested for the two general seats in ward No. 3. Respondents 3 and 5 contested for the seat reserved for women in that ward. Respondents 1 and 2 got 108 votes each while the petitioner and respondent No. 4 got 106 votes each. Respondents 3 and 5 who had contested the seat reserved for women got 104 votes each. Respondents 1 and 2 were declared elected for the two general seats in ward No. 3 but as there was a tie between respondents 3 and 5 a lot was drawn and as a result of the lot respondent No. 3 was declared duly elected. This result was declared on December 18 1960