The court's decision emphasized the seriousness of misconduct in electoral processes and the need to ensure free and fair elections, exercising its extraordinary jurisdiction under Article 226 to set aside the election results.

( 1 ) NOTICE for final disposal at the stage of admission was issued by this Court on 20th July 2007.

( 2 ) HEARD learned Counsel for the respective parties. Rule. Rule returnable forthwith.

( 3 ) THE petitioner, a defeated candidate at the election of the Village Gram Panchayat, jalod, Taluka Amalner, District Jalgaon, held in the year 2005, seeks issuance of a writ or direction for setting aside the said election of the Village Panchayat on the ground of illegality and nullity.

( 4 ) THE brief factual matrix is as follows: the petitioner is resident of village jalod, Taluka Amalner, District Jalgaon. The collector Jalgaon as per the direction of the state Election Commission, had issued a draft Notification under Rule (2) of the Bombay village Panchayats (Number of Members, divisions into Wards and Reservation of seats) Rules, 1966 (for short, "the Rules, 1966") on 30-6-2005 and invited objections to the said Notification by 6th July 2005. Thereafter the Collector issued a final Notification under Rule 5 (1) of the Rules, 1966 on 15th July 2005.

( 5 ) FROM the material placed on record of this Court we find that wardwise reservation was declared by the Collector Jalgaon in the following manner as per Rule 5 (1) of the Rules, 1966.

Ward No.

Number of Seats

SC

ST

OBC

For Women

01

03

-

-

01

01 General

02

03

-

01

-

1 S. T.

03

03

-

-

01

1 OBC

The precise allegation of the petitioner is that the Tahsildar Amalner had interpolated the notification dated 15-7-2005 issued by the collector Jalgaon under Rule 5 (1) of the rules, 1966. For the sake of convenience it is necessary to describe the changes brought into effect in the wardwise reservation in the following manner.

Ward No.

Number of Seats

SC

ST

OBC

For Women

01

03

-

-

01

01 General

02

03

-

01

-

1 S. T. &

1 O. B. C.

03

03

-

-

01

?

The petitioner contends that he was not aware of the fraud played by the Tahsildar amalner who manipulated the wardwise reservation in ward No. 2. The elections were held on 30-8-2005 and on the same day the results were declared by the Returning Officer. The petitioner lost the said election from ward No. 1. The names of the elected candidates were published by the Returning Officer as per Rule 37 of the Bombay Village panchayats Election Rules, 1959.

( 6 ) THE petitioner further alleges that on the date of result of the election the petitioner and other persons from the village were falsely implicated in an offence of riot. They were arrested on the same day i. e. on 30-8-2005 and were sent initially to the police custody and subsequently to the Magisterial custody and the petitioner was behind the bars for about 52 days. Therefore, the petitioner was not aware of the events which took place after 30-8-2005 till his actual release from jail on 21-10-2005. It is stated that on 2-12-2005 one news was published in the news paper "daily Sakal" which disclosed that the ministerial staff working under respondent No. 5. Tahsildar Amalner, had manipulated and interpolated the Notification by which wardwise reservations were changed. According to the news item a Clerk from the Tahsil office was suspended. The petitioner has annexed a copy of the hews item published in "daily Sakal" at Exhibit "e" to the petition. The petitioner has also annexed a copy of charge sheet involving the petitioner in a criminal case at Exhibit "d" to the petition.

( 7 ) THE petitioner contends that after going through the news item he approached the offices of the respondents Nos. 2 and 5 and applied for certified copies of the Notifications and the relevant documents. After getting copies of the documents the petitioner decided to approach this Court in its extraordinary writ jurisdiction under Article 226 of the constitution of India to question the legality of the elections held to the Gram Panchayat and for praying for holding fresh elections by maintaining the reservations prescribed by the Collector under the Notification.

( 8 ) RESPONDENTS Nos. 2 and 5 fi