DEEPAK DASHRATH CHAHANDE Vs. CIVIL JUDGE JUNIOR DIVISION

JUDGEMENT

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

(2.) The above petition under Article 226 of the Constitution of India takes exception to the judgment and order dated 28/4/2011 passed by the learned Civil Judge, Junior Division, Sindewahi whereby the Election Petition bearing No.2/2010 filed by the respondent nos. 3 to 5 came to be allowed and resultantly the elections to Ward Nos. 4 and 5 of Gram Panchayat, Nawargaon, Taluq Sindewahi, District Chandrapur, which were held on 22/8/2010, came to be set aside.

(3.) The facts, in a nutshell, can be stated thus : The petitioners and the respondent nos. 3 to 5 herein were the contestants in the elections for the Gram Panchayat, Nawargaon, Taluq Sindewahi, District Chandrapur, which were held on 22/8/2010. The said Gram Panchayat comprises of 17 members and the area is divided into six Wards. Ward No.1 consists of 2 seats {1 OBC and 1 Ladies (Open)}. Ward No.2 consists of 3 seats {2 Men, 1 Ladies (Open)}. Ward No.3 consists of 3 seats {1 Ladies (OBC), 1 Men (OBC), 1 Men (ST)}. Ward No.4 consists of 3 seats {1 Ladies, 2 Men (Open)}. Ward No.5 consists of 3 seats {2 Men (1 ST, 1 OBC), 1 Ladies (ST). Ward No.6 consists of 3 seats {2 Men (1 OBC, 1 ST) and 1 Ladies (SC)}. The Election Petition filed by the respondent nos. 3 to 5 herein (hereinafter referred to as "the election petitioners") was restricted to Ward Nos. 4 and 5.