JUDGMENT - (1) These two petitions arise out of election to the Gram Panchayat.

(2) In Special Civil Application No. 418 of 1966 the election to the Gram Panchayat of Taroda was held on November 29, 1965, the date of filing nomination papers being November 3, 1965. At this election the two petitioners got 90 and 85 votes respectively and respondents 2 and 3 got 73 and 72 votes respectively. They then made an election petition under section 15 of the Village Panchayats Act. challenging the election of the petitioners on several grounds one amongst them being that the voters list was not in accordance with law, inasmuch as it contained, along with the names of persons in ward no. 3 for which the petitioners were elected, names of some persons who are residents in other wards, while some of the persons who are residents in ward no.3 were shown as voters in other wards. The other contentions need not be referred to as they do not affect the election.

(3) The petitioners resisted the application. The Tribunal upheld the present contention and held that it can be a ground for setting aside an election under section 15 of the Act, In view of its findings the Court set aside the election of the petitioners. The petitioners seek to challenge the orders.

(4) In Special Civil Application No.419 of 1966 the last date for nomination was November 3, 1965, and the elections were held on November 29, 1965, as in the other case, for village Shekapur. the petitioners and respondents 3 to 5 were candidates for ward No. 2. The petitioners were declared elected and the respondents then filed an election petition challenging the election of petitioners on several grounds. One of the grounds urged was that petitioner no. 1 was in arrears of taxes in spite of demand, and he was therefore disqualified from being a member of the Panchayat. The other ground was that the voters list did not conform to the wards framed by the Collector with defects similar to the ones pointed out in the first petition. The learned Judges accepted the second contention and set aside the election of the petitioners.

(5) Mr. Mandlekar on behalf of the petitioners contends that having regard to the provisions of section 13 of the Bombay Village Panchayats Act, 1958, it is not open to the respondent to raise this contention in an election petition under section 15. In order to consider the validity of this contention, the general scheme of the Act with regard to election may be considered.

(6) Section 10 provides for the constitution of the Panchayats. Sub-section (1) (a) provides that it shall consist of much number of members as the Collector may decide, but the number shall not be less than 7 nor more than 15. Clause (b) provides that each village shall be divided into such number of wards as the Collector may determine, and that from each ward such number of members may be elected to the Panchayat as may be determined by the Collector. We need not consider the other provisions with regard to the reserved seats. Section 11 provides for the election which is to be held on such date as the Collector may appoint in that behalf. Section 12 concerns with the list of voters. Sub-section (1) of section 12 prescribes that the electoral roll of the Maharashtra Legislative Assembly, prepared under the provisions of the Representation of the People Act, 1950, as in force on such date as the State Government may determine by a notification, shall be the list of voters for such ward or village. Sub-section (2) requires the Collector to designate an officer who is required to maintain a list of voters for each such ward or village. Section 13 provides for the qualifications to vote and to be elected at the Gram Panchayat election. Sub-section (1) of section 18 provides that every person whose name is in the voters list, this would be the list which is maintained under section 12 shall, unless disqualified under the Act or any other law, be qualified to vote at the election of a member for the

Click Here to Read the rest of this document