RANGRAO BHAUSAHEB NALAWADE Vs. BHIMRAO BABU DHOLE

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the constitution of India for setting aside an order dated 8th August 1968 made by the learned Assistant Judge, Kolhapur, in Miscellaneous application No. 76 of 1967 in an election petition and for declaring the petitioners to be duly elected as members of Panchayat Samiti Panhala from Wadiratnagiri constituency.

(2.) ON 31st July 1967 election for Panchayat Samiti Panhala from Wadiratnagiri constituency was held. It was a two-member constituency. The petitioners Nos. 1 and 2 and respondents Nos. 1 to 3 were the candidates for these two seats. Respondent No. 4 is the Returning Officer and respondent No. 5 is the learned Assistant Judge.

(3.) THE votes were counted on 2nd August 1967 by the Returning Officer and he found that the petitioner No. 1 polled 69 votes, respondent No. 1 polled 69 votes and respondent No. 2 having polled the highest number of votes was declared to be elected and as there was a tie between the petitioner No. 1 and the respondent No. 1. following the procedure prescribed by Sec 26 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Act No. V of 1962m hereinafter for the sake of brevity referred to as the Act, the Returning Officer having been empowered in that behalf by the Collector decided by lots and as the lot fell for petitioner No. 1, he was declared to be elected in the second seat.