BHAGWAT VITHOBA MORE Vs. CIVIL JUDGE JR DIVISION

JUDGEMENT

(1.) THIS petition challenges the judgment and order dated 18-12-1997, passed by the learned Civil Judge (Jr. Divn.) Risod, in Election Petition No. 1/1997, by which the learned Judge has ordered for recounting of votes and upon recounting of the votes, set aside the election of the petitioner-Bhagwat Vithoba More, and further declared the respondent No. 2 Santosh as elected in the open category from Ward No. 1 of Gram Panchayat, Ghota, Taluqa Risod.

(2.) THE facts are as follows: elections for filing the seats of ward members of Gram Panchayat, Ghota were held in the year 1997. In recounting of votes held on 25th October, 1997, respondent No. 2 Santosh More was apparently declared to have been elected on the basis he had secured 131 votes and the petitioner Bhagwat More had secured 130 votes. Apparently, recounting was ordered on an application made by the petitioner. As a result of recounting of votes, the Returning Officer found that Bhagwat More had secured 131 votes whereas respondent No. 2 Santosh More had secured 130 votes. The Returning Officer, therefore, declared the petitioner Bhagwat More as elected.

(3.) THE respondent No. 2 Santosh More, therefore, filed an election petition under section 15 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as the Act ). In that proceedings, no oral evidence whatsoever was, admittedly adduced either by the respondent No. 2 Santosh More, or by the petitioner Bhagwat More. Only certain certified copies of counting sheets were produced at Exhibits 30 to 32. There was no other evidence adduced.