RAJENDRA SITARAM LAKADE AND OTHERS Vs. RETURING OFFICERFORTHE ELECTION OF VILLAGE PANCHAYAT,INZHALA AND OTHERS

JUDGEMENT

(1.) Rule. Heard finally with consent of learned counsel for the parties.

(2.) Facts found relevant are that in the elections held at Gram Panchayat, Inzhala, from Ward No.2 there were three categories of members were to be elected. These categories were reserved for Scheduled Caste (woman), General Category and Ladies (General Category). The petitioners contested the aforesaid elections from Ward No.2 and on declaration of results, they were held to have been defeated. Being aggrieved they filed an election petition under Sec. 15 of the said Act. In the said election petition it was pleaded that as the names of the contesting candidates in the electronic voting machine were shown in different categories than the categories from which they had contested the elections, the petitioners did not get the votes that they were entitled to in view of the confusion in the categories of candidates. Due to this, they lost the elections. It was pleaded that the sequence of the list of candidates as mentioned in the electronic voting machine was required to be as per the ballet paper that was affixed at the voting centre. This not having been done had vitiated the elections.

(3.) In the reply filed on behalf of the Returning Officer it was submitted that on account of inadvertence and oversight the votes received by the candidates contesting from the category of Scheduled Caste (Woman) were shown against the names of the candidates of the General Category and vise versa. It was denied that this mistake was committed deliberately.