KAMLA RAMARAO RATHOD Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Rule. Made returnable forthwith. Heard finally with the consent of the parties.

(2.) The petitioner was elected as Sarpanch during the election held on 28.12.2007 of Gram Panchayat Deurwadi. Respondents no. 2,4,5 and 6 challenged that election before the Additional Collector, Washim. Said petition was dismissed. The ground that was raised to challenge the election was that the Returning Officer had followed wrong procedure of election which was not in accordance with Rule 10(2) of the Bombay Village Panchayats (Sarpanch & Upa- Sarpanch) Election Rules. It appears to be a contention that though the symbols to the candidates are not required to be allotted, still they were allotted and the election was held by secret ballot. As stated, the said petition was dismissed.

(3.) The matter was taken in appeal before the Additional Commissioner, Amravati Division, Amravati by respondents. Said appeal No.15/BVP Act 33(5)/2007-2008 of Deurwadi, Tq. Manora, District Washim, was allowed by the order dated 17.10.2008. Learned Additional Commissioner relied on the judgment of the Apex Court reported in 1994 Mh.L.J. 100 [Jaenendrakumar Phoolchand Daftari ..vs.. Rajendra Ramkush Mishra & others. According to the Additional Commissioner, there is no provision under the Bombay Village Panchayats (Sarpanch & Up-sarpanch) Elections Rules to allot symbols to the contesting candidates. Even there are illiterate members who can cast their votes by ballots. Taking this view of the matter, the learned Commissioner allowed the appeal and set aside the election.