RATNAMALA ASHOKRAO SHINDE Vs. ELECTION OFFICER GRAMPANCHAYAT PALODI

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. By consent of parties, Rule is finally heard.

(2.) BY this Petition, Petitioners impugn order dated 29th July, 2006 passed by the Additional Commissioner, Aurangabad, confirming order of Additional Collector, Hingoli, whereby their election as Sarpanch and Upa-sarpanch, respectively, are set aside.

(3.) THERE are seven members of Village Panchayat Palodi (Dist. Hingoli ). Admittedly, election was held on 24. 8. 2005 for post of Sarpanch and Upa-sarpanch. An election officer, who is Junior Engineer in Irrigation Department, was appointed to conduct the election. The election officer convened a meeting of the village panchayat members. The Panchayat members were informed about the purpose of the meeting and the election proceedings were started. At about 1:45 pm. Three members of the village Panchayat submitted an application to the election officer and requested him to conduct the election by secret ballot. The election officer granted their request and decided to hold the election by secret ballot method. He distributed paper slips for use of the members/voters and called upon them to put tick mark against the names of those in favour of whom they wanted to cast the vote. There were two contesting candidates for the post of Sarpanch and two contesting candidates for the post of Upa-sarpanch. The votes were casted by putting ballot papers in the ballot box and after counting of votes, election officer declared the Petitioners No. 1 and 2 as elected Sarpanch and Upa-sarpanch, respectively.