BHAGWAT ANANTRAO DESHMUKH Vs. SURESH BALBHIM LALE

JUDGEMENT

(1.) The question in this petition relates to the validity of 5 ballot papers recording or, rather, purporting to record votes in favour of the present petitioner, who was contesting the election of the village Ghatane Gram Panchayat. The respondent was the other candidate. Including the impugned 5 ballot paper, the petitioner received 54 votes, whereas the respondent undisputedly, received 52 votes. This evidently means that even if 3 out of the 5 impugned ballot papers are held to be invalid, the result emanating from the judgment of the lower Court shall have to be upheld. If only two of them are rejected, then it shall be equality of votes and hence the election will have to be held by the spin of the coin. It is only if the present petitioner succeeds in establishing that at least 4 out of the 5 impugned ballot papers cannot be invalidated that he can succeed in this petition and can be declared as elected.

(2.) Let me straightaway go to the question of the nature of the mark put on the 5 ballot papers. I will firstly consider the case of the petition of Bhagwat Anantrao Deshmukh (Writ Petition No. 4446 of 1988).

(3.) All the 5 ballot papers in his favour have been held by the learned Judge to be invalid.