KALPANA BAPURAO THAKARE Vs. COLLECTOR, WASHIM

JUDGEMENT

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

(2.) The petitioner who had been elected as Sarpanch of Gram Panchayat Nandgaon Chincholi has challenged the order dated 27.12.2017 passed by the Collector refusing to permit the petitioner to cast her vote in the election of Upa-Sarpanch that was to be held on the next day.

(3.) The facts in brief giving rise to the present writ petition are that the petitioner came to be elected as a Sarpanch of the aforesaid Gram Panchayat. The elections to the post of Upa-Sarpanch were to be held on 28.12.2017. Hence, on the previous day the petitioner as Sarpanch approached the Collector and sought permission to cast her vote in the said election. The petitioner relied upon the judgment of the Division Bench in the case of Anuja Kalyan Gore Versus The State of Maharashtra & Others [Writ Petition No.209 of 2018) decided on 06.03.2018 at the Aurangabad Bench of this Court wherein it was held that the Sarpanch was entitled to cast his vote in such elections. The Collector rejected the said application on the ground that the adjudication therein pertained to the concerned Gram Panchayat and it could not be applied to the Gram Panchayat where the petitioner was elected as Sarpanch. Thereafter on 28.12.2017, said elections were held in which the respondent no.4 came to be elected as Upa-Sarpanch after obtaining four votes while his opponent obtained three votes. Being aggrieved, the present writ petition has been filed on 25.01.2018.