CHHAYA Vs. MANOJ

JUDGEMENT

(1.) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) The above petition takes exception to the order dated 28/1/2011 passed by the Additional Commissioner, Amravati whereby the Appeal filed by the petitioner herein against the order passed by the Additional Collector came to be rejected.

(3.) The petitioner was a candidate for the election for the post of Sarpanch of Gram Panchayat, Virahit, Taluq Murtizapur, District Akola. The election for the said post was to be held on 29/8/2010 and the time for filling nominations was between 11 A.M. and 12 o'clock in the afternoon. It is an undisputed position that the petitioner filed her nomination at 1.30 P.M., which was accepted by the Election Officer. The respondent no.1 herein, who was also a candidate, filed his nomination at 11.55 A.M. whereas one other person, who was a candidate for Upa-Sarpanch, filed her nomination at 11.50 A.M. Though the nomination was filed by the petitioner at 1.30 P.M., the Election Officer found the same in order and subsequently, the election to the post of Sarpanch was held wherein the petitioner was elected by a margin of 5:2 vis-a-vis respondent no.1 herein.