SHESHRAO BALIRAMJI KALE Vs. COLLECTOR BULDANA
LAWS(BOM)-1972-8-10
HIGH COURT OF BOMBAY
Decided on August 10,1972

SHESHRAO BALIRAMJI KALE Appellant
VERSUS
COLLECTOR, BULDANA Respondents

JUDGEMENT

- (1.) BY this present petition yet another proceeding relating to the election of the Panchayat Samiti under the provisions of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, is under challenge.
(2.) THE Mehkar Panchayat Samiti in district Buldana is being constituted and there are 8 members to be elected under Section 57 (1) (f) of the Act, two each from four electoral colleges, one being Dongaon. The primary members are the panchas elected or continued as such of the village Panchayats existing in each Electoral College. It is the complaint of the petitioners that there are elected panchas from Gohogaon Gram Panchayat. The process of new elections or the Gram Panchayat, Gohogaon, has started but yet is not complete because of the stay order issued by this Court, relating to the elections of Wards Nos. 2 and 3 of the said Gram Panchayat. It is stated that Gohogaon Gram Panchayat has been divided in 4 wards. The petitioner No. 1 was holding the office of the Panch even before the present elections and has been now elected from Ward No. 1 of Gohogaon. The other three petitioners are now elected from wards Nos. 1 and 4 and were not holding offices of the panchas prior to this election.
(3.) IT is the contention of the petitioners that the Returning Officer and the Votes Registration Officer published a list on 12-7-1972 for the purposes of holding the elections to the Panchayat Samiti, Mehkar as far as Dongaon Electoral College was concerned. Surprisingly, however, he omitted to include the Gohogaon Gram Panchayat and the members thereof. It is contended that this itself vitiates the list as it affects the vested rights of voting, as well to be the candidate. The Roll thus being incomplete, no elections can be validly convened or held.;


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