MAHADEO Vs. ADDITIONAL DIVISIONAL COMMISSIONER AURANGABAD

JUDGEMENT

(1.) Rule.

(2.) By this petition, the petitioners challenge orders rendered by learned Additional Commissioner, Aurangabad whereby the election of the petitioner No.1 as Sarpanch of Village Panchayat, Kukkadgaon was cancelled and moreover, the respondent No.5 - Ashok was declared as the elected Sarpanch of the village.

(3.) The internal election for appointment of Sarpanch of the Village Panchayat, Kukkadgaon was held on 11-10-2008. The Sarpanch was to be elected by nine (9) elected members of the Village Panchayat. There were only two (2) candidates for the post, namely, the petitioner No.1 and the respondent No.5. The meeting for such election was conducted under the chairmanship of the Returning Officer-cum-Naib Tahsildar, Beed. The Returning Officer allowed confidential casting of votes by the members. After the votes were counted, it was found that the petitioner No.1 had secured five (5) votes whereas the respondent No.5 had secured four (4) votes. Consequently, the petitioner No.1 was declared as elected Sarpanch of the Village Panchayat.