Judgment

VENKATACHALA, J. - This appeal by Special Leave is directed against the judgment dated November 24, 1992 of the Bombay High Court, dismissing the appellants writ petition in which he had impugned the orders of respondents 3 and 4 setting aside his election as Sarpanch of Seloo Gram Panchayat constituted under the Bombay Village Panchayat Act, 1958 (for short the Act).

2. The appellant and respondent 1 were among the fifteen elected members of Seloo Gram Panchayat in the District of Wardha. They were the only contesting candidates in the election to be held for Sarpanch of that Panchayat on August 10, 1990 in the special meeting of the members convened for the purpose under the Bombay Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964 (for short the Rules). That special meeting was presided over by respondent 2, Naib Tahsildar, who made the members to cast their votes in favour of either of the contesting candidates, by secret ballot. Respondent 2 declared the appellant as successful candidate for the Office of Sarpanch, as he had secured eight votes while respondent 1, the other contesting candidate had secured one vote less, that is seven votes. Respondent