MADHAVRAO TATYASAHEB GHATGE Vs. THE COLLECTOR

JUDGEMENT

(1.) BY this application the petitioner seeks to challenge the order made by the Assistant Judge exercising the powers of the District Judge at Kolhapur dismissing the election petition made by the petitioner on a preliminary ground.

(2.) THE short facts are : Elections to the Taluka Panchayat Samiti from Sidhanerli electorate group of Kagal Taluka Panchayat Samiti were held on July 31, 1962. The petitioner and respondents Nos. 5 to 9 contested the said election. At this election the petitioner and respondent No. 5 each secured 17 votes. As required by the rules, there being equality of votes, lots were drawn and respondent No. 5 was declared elected as a member of the Taluka Panchayat Samiti. The result was declared on August 3, 1962. The petitioner presented an election petition on August 13, 1962, challenging the election of respondent No. 5 on various grounds. The last date for the making of the application was August 18, 1962. Though the application was addressed to the District Judge and not to the Court of the District Judge, it was presented to an Officer of the Court and the District Judge actually took cognizance of it on August 14, 1962. It is assumed by the learned Assistant Judge that the petitioner was present on both August 13 and 14 when the petition was presented and also when the cognizance was taken by the District Judge.

(3.) SECTION 27(1) of the Act provides: