MAHADEO RAMABHANU ATHAWALE Vs. ADDITIONAL DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel appearing for the respective parties. Admit. The Appeal is heard for final disposal with consent of the learned counsel.

(2.) The Appellants submit that Respondent Nos. 5 to 8 were elected as members of Grop Grampanchayat Kukkadgaon-Khundras-Chavanwadi. The Appellant No.1, namely, Mahadeo Rambhau Athawale got elected as Sarpanch of Group Grampanchayat in the election meeting held on 11th October, 2008. The Respondent No.3 Tahsildar and Returning Officer called the meeting to elect Sarpanch and Up-Sarpanch of the Group Grampanchayat. The Appellant No.1, namely, Mahadeo Rambhau Athawale and Respondent No.5, namely, Ashok Sitaram Misal, had submitted their nominations for the post of Sarpanch. It is contended that Appellant No.1 secured five votes and Respondent No.5 secured 4 votes. Respondent No.3 Tahsildar, declared Appellant No.1 as elected Sarpanch of Group Grampanchayat. Appellant Nos. 4 and 5 sought permission to take assistance being illiterate, to cast votes. Their application was allowed and the Appellant Nos. 3 and 5 assisted Appellant Nos. 4 and 5 in casting their votes.

(3.) The Appellants contends that as per the minutes of the meeting, it reveals that no objection was raised by Respondent No.5 in the meeting in respect of granting permission by Respondent No.3 allowing to take assistance in casting votes. Respondent Nos. 6 and 7 requested for voting by secret ballot and the same was allowed. Because Respondent No.5 had lost election by majority, therefore Respondent No.5 approached the Additional Collector, Beed by filing Dispute No.19 of 2008. It was alleged before the Additional Collector, Beed that there was breach of secrecy of votes. The Returning Officer had allowed to take assistance of Appellant Nos. 1 and 3 who were themselves members of Panchayat.