- (1.) Rule was issued in this petition on 26 August 2014 and the same was made returnable in the last week of September 2014. The matter has today come up for final disposal.
(2.) The challenge in this petition is to the order made by the Additional Commissioner, Konkan Division allowing the appeal instituted by the respondent no. 4, in the matter of her election as a Sarpanch of the Gram Panchayat Chaul, Alibag.
(3.) The facts in brief, in which the aforesaid challenge arises are as follows : (A) The elections to the post of of Sarpanch and Up-Sarpanch were held on 5 March 2014, under the supervision of the respondent no. 3; (B) At the election, there was demand for conduct of election by ballot. Accordingly, the respondent no. 3, prepared a necessary ballots and the same were furnished to the 17 members of the Panchayat; (C) From the ballot, it is seen that there was a contest between the petitioner and the respondent no. 4 for the post of Sarpanch; (D) At the election, eights votes were tendered in favour of the petitioner and the eight votes in favour of the respondent no. 4. One of the votes was declared as invalid. In terms of the Bombay Village Panchayats (Sarpanch and Up-Sarpanch) Election Rules 1964 ("1964 Rules"), in case of equality of valid votes, the result of the election is to be decided by a lot to be drawn by the Presiding Officer in such manner as he may determine; (E) Accordingly, a lot was drawn and the respondent no. 4 was declared as elected to the post of Sarpanch of the Panchayat. (F) The petitioner, raised a dispute in terms of Section 33(5) of the Bombay Village Panchayats Act, 1958 ("said Act") before the Collector. The case of the petitioner was that the vote in her favour was incorrectly declared as invalid; (G) The Collector, by order dated 13 May 2014 upheld the petitioner's contention, declared the election of the respondent no. 4 as invalid and finally issued directions for fresh conduct of elections to the post of Sarpanch; (H) The respondent no. 4 appealed against the Collector's order dated 13 May 2014 to the Additional Commissioner, who has by the impugned order dated 9 July 2014 allowed the appeal and set aside the Collector's decision dated 13 May 2014; (I) Hence, the present petition.;