RAJARAM GANPAT PATIL Vs. YESHWANT DATTO PATIL

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution by which the petitioners, who have been elected in the Mhalunge Village Panchayat election, challenge the order passed by the learned Joint Civil Judge, Junior Division, Kolhapur, setting aside their election on an application filed by the 1st respondent. The facts leading to this petition are as follows:--

(2.) THE village Mhalunge which is at a distance of 12 miles from Kolhapur was divided into three wards A, B and C for the purposes of election to the village Panchayat. There were three seats in every ward, one of them being reserved for women. We are concerned in this petition with the election to Ward B in which there are 386 voters.

(3.) ON the 28th of March, 1967, the Mamlatdar of Karveer issued a notification under Rule 7 (1) of the Bombay Village Panchayats Election Rules, 1959 (hereinafter called "the Rules") publishing the programme of elections to the Mhalunge village Panchayat. The notification mentioned that the last date for filing nominations would be the 13th of April, 1967, that the nominations will be scrutinised on the 15th of April, 1967 and that the elections will be held on the 29th of April, 1967. The three petitioners and respondents 1 to 4 contested the election to Ward B. The result of the election was declared on the 30th of April, 1967 and the petitioners were declared to have been elected. The three petitioners secured 261, 255 and 264 votes respectively, while respondents 1 to 4 secured 4, 103, 111 and 107 votes respectively.