ANKUSH ARUN SHINDE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) By way of this petition, the petitioners have challenged the judgment and order passed by the Additional Commissioner, Nashik dtd. 25/10/2021. The petitioners are the Sarpanch and Upsarpanch respectively.

(2.) The facts in short are that, the petitioners and respondent Nos. 3 to 11 got elected to the post of member of Grampanchayat. Meeting of the newly elected members was scheduled on 9/2/2021 to elect Sarpanch and Upsarpanch. In the meeting some of the members demanded voting by secret ballot. It is for that reason the Returning Officer decided to conduct the election by way of secret ballot. In the meeting the present petitioners and respondent Nos. 3 and 4 filled in nomination forms. The petitioner No. 2 and respondent No. 4 filled in nomination form to the post of Upsarpanch whereas, petitioner No. 1 and respondent No. 3 filled in nomination form to the post of Sarpanch. Their nomination forms were found to be in order and those were accepted as valid nominations. The respondent Nos. 5, 6, 7 and petitioner No. 1 requested for secret ballot. The symbols were allotted to the contesting candidates. The ballot papers were prepared. The respondent No. 3 received five votes and petitioner No. 1 received six votes to the post of Sarpanch. To the post of Upsarpanch respondent No. 4 received five votes and petitioner No. 2 received six votes. Thus, the petitioners were declared as elected to the post of Sarpanch and Upsarpanch respectively.

(3.) The respondent Nos. 3 and 4 filed appeal bearing Appeal No. 32/2021 before the Collector mainly on the ground that voting was taken by secret ballot merely on asking of some of the members. While allotting the symbols they were not given symbol of their choice. Though the objection to the allotment of symbol was taken, that was turned down. No information about preparing of ballot papers was made known to the members. The ballot box was not properly sealed. No proper care was taken to maintain the secrecy. The room in which the ballot box was kept was not closed by closing the windows and doors.