VIKAS Vs. COLLECTOR

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) Respondent No.4 despite service has not chosen to contest the present proceedings.

(3.) Petitioner No.1 and respondent No.4 were the candidates for the post of Up-Sarpanch of the Gram Panchayat, Jogalkhed, Tah. - Balapur, District - Akola. The said elections were to be held on 4/1/2023. One of the Members of the Gram-Panchayat had challenged the communication dtd. 30/9/2022 by which the Sarpanch had been granted right of voting in the elections for the post of Up-Sarpanch. The said Member had preferred Writ Petition No. 12/2023 and by an interim order dtd. 3/1/2023, direction No.1 in the communication dtd. 30/9/2022 to the extent it permits the Sarpanch to vote in the election of Up-Sarpanch in the first round was held to be non-operative. In the elections that were held on 4/1/2023, respondent No.4 was elected with a difference of one vote. Subsequently, the said Writ Petition came to be withdrawn and by relying upon the order passed in Writ Petition No. 23/2023 (Pradip s/o Tekchand Shahare and others Vs. The State Election Commission through its Secretary and another) decided on 4/1/2023, the ad-interim order was vacated. It was stated that the consequences would accordingly follow. In this backdrop, the petitioners have raised challenge to the minutes of the Special Meeting dtd. 4/1/2023 to the extent respondent No.4 has been held to be elected as Up-Sarpanch.