PRAKASH LALCHAND JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner by this Petition is challenging the election programme issued by the returning officer dated 3. 1. 2005 for filling in the seat of a deceased member of the Gram Panchayat Wakod by holding Bye-Election on 20. 2. 2005.

(2.) THE Petitioner is an elected member of the Gram Panchayat Wakod and the election for the said Panchayat was held in June 2000 and the term for the same is for a period of five years, however, it may be noted that the first meeting of the Panchayat was held only on 18. 9. 2000 and as such as per the provisions of Section 28 of the Bombay Village Panchayats act, 1958 (hereinafter referred to as the said Act), the term of the office of the members elected in the general election, though held in June, 2000, really commenced with effect from 18. 9. 2000 and as such term of office of the members of the said village Panchayat would expire on 17. 9. 2005. In all there were 13 members in the said village Panchayat and one member venkatrao Deshmukh died in the month of September 2004, whereby the vacancy of a member occurred due to his death.

(3.) IN view of the communication from the State Election Commission dated 10. 12. 2004 entire election programme was declared to fill in the vacancy of the said member. Accordingly, election schedule was published on 3. 1. 2005 on the notice-board at the Gram Panchayat office as well as on the notice-board of the village Talathi office.