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2007 Supreme(Bom) 1526

D.Y.CHANDRACHUD
Umesh Tukaram Kamble – Appellant
Versus
Shamrao Sakharam Patil – Respondent


Advocates appeared
Mr. V.B. Rajure for the Petitioners.
Mr. Amit Borkar for Respondent Nos.1 and 2.

JUDGMENT:

Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the contesting Respondents waives service.

At the request of Counsel taken up for hearing and final disposal. An election was held under the provisions of the Bombay Village Panchayats Act, 1958 (“the Act”) to the Village Panchayat of Sagaon in the Taluka of Kagal. The results of the election were declared on 20th June 2005. An election dispute was filed by the First to Eleventh Respondents before the Civil Judge, Junior Division, Kagal on 25th August 2005 under Section 15 of the Act. The dispute was filed after the lapse of a period of two months and four days; whereas under sub-section (1) of Section 15, the validity of an election to a Panchayat can be brought in question at any time within 15 days after the date of the declaration of the results of the election. An application for condonation of delay was filed on the ground that

(i) The applicants were illiterate women;

(ii) Certified copies of the documents were not received in time;

(iii) An application was made to the Collector on 10th August 2005 which was decided on 19th August 2005; and

(iv) Heavy rains had taken place, as a result of

































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