BABURAO Vs. COLLECTOR DISTRICT PARBHANI

JUDGEMENT

(1.) THESE writ petitions challenge proceedings of a special meeting of Parbhani Municipal Council held on 6-11-1995. The special meeting was called to consider vote of no confidence against President of the Council.

(2.) SHRI V. N. Kallam, Sub-Divisional Officer was authorized by the Collector, Parbhani to preside over this meeting. When the meeting commenced, 8 members of the Municipal Council submitted an application to the Presiding Officer requesting that votes on the Resolution be recorded by secret ballot. This application is at Exhibit B at page 22 in the compilation of the petition. There is no dispute that in exercise of his discretion under Rule 33, Presiding Officer decided to take votes by ballot. It appears that soon after this decision, 12 members of the Council submitted similar applications requesting the assistance of the person named in application in casting vote.

(3.) WE are told that these applications were allowed and the applicants were allowed to vote through the assistant who recorded vote on their behalf on the resolution of no confidence. It is averred in the petition that these 12 assistants have cast two votes each, one of their own and the second of the person who has named him as assistant. The fact that all these assistants are the Councillors is not in dispute before us. The motion expressing no confidence on the President, Baburao Vishwanath Mathpati, who is petitioner before us in this petition, was carried by 53 votes in favour and 8 against it with one abstention. Since number 53 constituted the requisite majority, motion was declared to have been passed. Writ Petitions Nos. 5476 and 5587 of 1995 challenge the said decision of the presiding authority on the ground that 12 votes cast through the assistants are invalid and should not have been counted in favour of the motion. The petitions further point out that the so-called assistance to these persons was objected to and the Presiding Officer has failed to give any decision on the said objection petition filed and the so-called assistance vitiates the secrecy of voting which is of paramount importance.