SUBHAS MANIKRAO LAVHALE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Shri Sandeep Chopde, Advocate, for the petitioner. Shri Jaiswal, A.G.P. for respondent Nos. 1 to 3 and Shri P. C. Madkholkar, Advocate, for respondent No. 5. None for respondent No. 4.Rule made returnable forthwith. Heard finally with the Consent of the parties.

(2.) The petitioner, by way of this petition under Articles 226 and 227 of the Constitution of India seeks to challenge the order passed by Additional Commissioner, Amravati Division, Amravati, in Appeal No. 13/BVP Act 16(2)/2007-08 of Bhaurad, Tq. and Distt. Akola, by which he set aside the order of the Additional Collector, Akola, in the matter of Election Dispute No. Bhaurad/4/2007-08 under section 33(5) of the Bombay Village Panchayat Act.

(3.) The petitioner was elected as Sarpanch in the election held on 29-12-2007 of Gram Panchayat Bhaurad. He is an elected member of the said Gram Panchayat, Bhaurad. So also respondent No. 5. Total strength of members of Gram Panchayat Bhaurad is 17. The petitioner and respondent No. 5 contested the said election for the post of Sarpanch. The petitioner got elected. The petitioner had received 9 votes, whereas respondent No. 5 received 8 votes. The voting as per the demand of the members was by secret ballot. The respondent No. 5 challenged the above election of petitioner as Sarpanch by filing dispute under section 33(5) of the Bombay Village Panchayat Act, 1958, before the respondent No. 2 - Additional Collector, Akola. The main ground on which the election of the petitioner to the post of Sarpanch was challenged was that there were distinguishing marks on 3 ballot papers voted in favour of the petitioner and therefore, those ballot papers should have been rejected as invalid votes.