VISHWANATH LIMBAJI BHOWATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner a Candidate for the post of election of Chairman of two other Committees of respondent no.7 conducted by respondent nos. 2 and 3 has prayed for quashing and setting aside of election of respondent nos. 4 and 5 held on 02.12.2009. This Court has on 10.12.2009 issued notice for final disposal. Accordingly, the petition is heard finally by consent of parties by issuing Rule making it returnable forthwith.

(2.) The elections have been conducted on 02.12.2009 by respondent no.3 and the proceeding recorded by him are not in dispute. After holding election for the post of Chairman, Social Welfare Committee, Chairman, Women and Child Welfare Committee the elections of Chairmen in dispute have been conducted. Only these elections of two Chairmen of two remaining Subject Committees are in dispute before this Court. There were total 50 voters and 4 candidates. Rules require names of candidates to be listed in alphabetical manner and election by show of hands is to be conducted. Accordingly, the same have been conducted and out of total 50 voters, 25 voters cast their vote in favour of respondent no.4 whose name was first called out. Thereafter name of respondent no.5 has been called and 25 other voters have voted in his favour. Respondent no.3 has recorded that 50 votes were exhausted and these two persons i.e., respondent nos. 4 and 5 were therefore declared as elected in those elections. As all votes were exhausted and no voters were left for casting votes in favour of remaining two candidates, the Returning Officer did not call out their names and declared respondent nos. 4 and 5 as elected. In alphabetical list arranged by respondent no.3 name of petitioner appeared at sr. no.3, while name of respondent no.6 appeared at sr. no.4. There were only 4 candidates for these two posts.

(3.) I have heard Mr. M.M. Agnihotri, with Mr. P.S. Tidke, learned counsel for the Petitioner, Mrs. B. Dangre, learned Additional Government Pleader for Respondent Nos.1 to 3, Mr. A.S. Kilor, learned counsel for Respondent no.4, Mr. M.N. Ingle with Mr. N.N. Thengre, learned counsel for Respondent No.5, Mr. S.M. Ghodeswar, learned Counsel for Respondent no.6 and Shri J.S. Mokadam, learned Counsel for Respondent no.7.