KESHAV RAO NARAYANAO GABHAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Counsel for the parties. Rule taken up for hearing forthwith by consent of the parties.

(2.) ELECTIONS to the Village Panchayat, Salgaon in Partur Taluka of jalna District took place on 5th November, 1992. Petitioners 1 and 2 were declared by the Returning Officer as having been elected from Ward No 2 since they secured 84 and 83 votes respectively by granting a certificate duly signed. It appears that four days thereafter i. e. on llth November 1992, an objection was raised to the validity of the said counting and the returning Officer was pleased to recount the votes and found that instead of the petitioners, Respondents 3 and 4 are entitled to be declared elected since they have secured more votes than the petitioners. Therefore on 11th november, 1992, Respondents 3 and 4 namely, Kalavatibai and Rajaram came to be declared as having been elected to Village Panchayat Salgaon from Ward No. 2 from woman reserved and general constituencies respectively. This action of the Returning Officer has been challenged in this writ petition.

(3.) ELECTIONS of the Village Panchayat established under Section 5 of the Bombay Village Panchayats Act, 1958 are governed by the Bombay village Panchayats Election Rules, 1959. Rule 34 of the said Rules requires the Returning Officer to prepare a statement showing the number of votes recorded and then declare the candidates who are elected. As soon as the said declaration is made, Rule 35 enables a candidate or, in his absence his election agent to apply in writing to the Returning Officer for a recount of all or any of the ballot papers already counted stating the grounds on which he demands such recount. Sub-rule (2) of the said rule contemplates a decision by the Returning Officer meaning thereby that he should hear the affected persons and apply his mind to the said prayer and then take a decision whether the application for the recount is to be allowed in whole or in part or is to be rejected in toto. Sub-rule (4) of the said rule lays down that after the recount, if any, the statement showing the number of votes recorded shall be amended and the amendment so made along with the result shall be declared. Rule 36 requires that the Returning Officer shall cause the names of the elected candidates to be posted at the Village chavdi or at the village panchayat office or at such other public place, if any, appointed in that behalf by him and shall report such names immeditely to the Collector.