JUDGMENT - S.C. PRATAP, J.:---In this petition under Article 226 of the Constitution, the petitioner challenges the very Constitution of the village panchayat of village Surgana, District Nasik, contending that (a) it is not a validly constituted panchayat under the provisions of the Bombay Village Panchayats Act, 1958, (hereinafter referred to as the Act) and (b) respondent Nos. 7 to 12 who are its nominated members are not entitled to take part in the affairs of the said panchayat.

2. Facts giving rise to this petition are as follows :---

3. The petitioner is a resident of the aforesaid village Surgana. The said village has a panchayat divided into four wards. Elections to this panchayat were held in May 1978. Ward No. 1 had two seats and Ward Nos. 2, 3 and 4 had three seats each-thus in all eleven seats. From ward No. 1 respondent No. 2 was elected, from Ward No. 2 respondent Nos. 4 and 5 were elected, from Ward No. 3 respondent No. 3 was elected and from Ward No. 4 respondent No. 6 was elected. Thus, though there were eleven seats, only five persons were declared elected, reason being that though there were nominations of other candidates (including the petitioner herein), their

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