(1.) BY this petition, the petitioner seeks to challenge the legality and correctness of the order dated 15.11.95 passed by the IInd Joint Civil Judge, Junior Division, Pune in Election Petition No. 17 of 1995 whereby the said Court (Election Tribunal) set aside the election of the petitioner who was elected to Gram Panchayat, Shire, Taluka Mulshi.
(2.) SHANKAR Sadu Pawar, the petitioner herein contested the election of Gram Panchayat Shire, from Ward No. 2. Sou. Mangala Tikone, Sou. Kusum Bhalerao and Shri Balu Laxman Dalvi also contested the said election from Ward No. 2. On 19th May, 1995, the result of election was declared by which the petitioner was declared elected. Balu Laxman Dalvi (Respondent No. 1 herein) filed election petition on 6th June, 1995 under Section 15 of the Bombay Village Panchayat Act, challenging the validity of election of the petitioner by way of election petition. It was the case of the defeated candidate Balu before the Election Tribunal that the name of the elected candidate (present petitioner) was not mentioned on the ballot paper and the names of other persons were printed on the ballot paper, as a result of which voters got confused and therefore, declaration of Shankar as elected candidate was illegal. The elected candidate (present petitioner) opposing the election petition set up various defences inter alia that the election petition was time barred and liable to be rejected. However, the Election Tribunal negatived all the pleas set up by the present petitioner, allowed the election petition and set aside present petitioner's election to Gram Panchayat.
(3.) THE respondents have been served but they have not chosen to appear before this Court.