JUDGMENT - C.S. DHARMADHIKARI, J.:---In this writ petition the petitioner who is an elected candidate of Sidhnorli village panchayat in Taluka Kagal of Kolhapur district has challenged the election of respondent Nos. 3 and 4 as Sarpanch and Up-Sarpanch respectively of the said Village Panchayat. After the election to the Village Panchayat was held, the Presiding Officer for the elections of Sarpanch and Deputy or Up-Sarpanch fixed the election for the said posts on 29th May, 1978. At the time of this election of the Sarpanch and Up-Sarpanch the petitioner Maruti Bandu Patil, who was also one of the candidates, filed a written application before the Presiding Officer requesting him that voting for the said election should be by a secret ballot. This request was opposed by 7 members of the Village Panchayat and the said members contended that voting should take place by show of hands. The Presiding Officer took a decision that voting should take place by show of hands and for this decision he gave the reason that four members of the said Village Panchayat are illiterate and they would not be in a position to understand and follow the procedure of voting by secret ballot. There after

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