SANDIP ARJUN VAZARKAR Vs. RAJESH MADHUKAR KHAUTANKAR

JUDGEMENT

(1.) Heard Shri S. G. Dessai, learned Senior Counsel appearing for the petitioner and Shri V. B. Nadkarni, learned Senior Counsel and Shri P. A. Kamat, learned Counsel appearing for the respondent no.1.

(2.) The petitioner has filed the above petition praying inter-alia for a writ of certiorari or a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction under Article 227 of the Constitution of India and quash and set aside the impugned order at Exhibit P-1 and the impugned judgment at Exhibit P-2 whereby an election petition filed by the respondent no.1 came to be allowed by the learned Tribunal and the respondent no.1 has been declared to be elected member of the Village Panchayat of Socorro.

(3.) Briefly the facts of the case are that on 02.04.2007 the elections were notified for the village Panchayat of Socorro by the Election Commission. The ward No. VIII of the said Village was notified as reserved ward for OBC candidate. On 11.4.2007 the petitioner was certified by the Gomantak Bhandari Samaj as belonging to Bhandari Naik Community (OBC) and a certificate was accordingly issued by the Dy. Collector of Mapusa, and Sub Divisional Magistrate to that effect. The petitioner thereafter filed his nomination on 13.04.2007 to contest the election in the said ward no.VIII which was reserved for OBC category. The elections were held on 05.05.2007 and results came to be declared on 07.05.2007 when the petitioner was declared as elected from the ward no.VIII. The petitioner polled 138 votes, respondent no.1 polled 119 votes, respondent no.2 polled 72 votes and respondent no.3 polled 28 votes.