MARUTI RAYBA KARCHE Vs. NANA JAYRAM RANE

JUDGEMENT

(1.) Heard Mr. Salunkhe for the Petitioner, Mr. Kate for the Respondent No.1 and Mr. Patne, AGP for the Respondent Nos. 11 to 14.

(2.) The Petitioner and the Respondent No.1 both belong to other backward class (OBC). The Petitioner was elected from the seat reserved for OBC; whereas the Respondent No.1 was elected from the seat which was not reserved and was a general category seat. The post of Sarpanch of village Pimpri, Tal. Malshiras, Dist. Solapur was, however, reserved for OBC. The Petitioner and the Respondent No.1 both filed their nomination papers for the said post. The elections were conducted on 23 rd May, 2011. The nomination paper of Respondent No.1 was rejected by the Returning Officer on two grounds, namely, (i) that the Respondent No. 1 was not elected from the seat reserved for OBC and (ii) that the validity certificate issued to the Respondent No.1 was not issued for the purpose of election. It is the case of the Petitioner that after rejecting the nomination paper; since the Petitioner was the only contesting candidate, he was declared elected on 23 rd May, 2011.

(3.) According to the Respondent No.1, however, there was no sufficient quorum available for the meeting dated 23.05.2011 and the meeting was postponed to 24.05.2011 and the notice to that effect was issued. Thereafter, the Returning Officer, prepared minutes of the meeting allegedly held on 23.05.2011 and declared that the Petitioner is elected unopposed.