Oral Judgment:

Rule. Made returnable forthwith. Heard finally with the consent of the parties.

2] The petitioner was elected as Sarpanch during the election held on 212.2007 of Gram Panchayat Deurwadi. Respondents no. 2, 4, 5 and 6 challenged that election before the Additional Collector, Washim. Said petition was dismissed. The ground that was raised to challenge the election was that the Returning Officer had followed wrong procedure of election, which was not in accordance with Rule 10(2) of the Bombay Village Panchayats (Sarpanch & Upa- Sarpanch) Election Rules. It appears to be a contention that though the symbols to the candidates are not required to be allotted, still they were allotted and the election was held by secret ballot. As stated, the said petition was dismissed.

3] The matter was taken in appeal before the Additional Commissioner, Amravati Division, Amravati by respondents. Said appeal No.15/BVP Act 33(5)/2007-2008 of Deurwadi, Tq. Manora, District Washim, was allowed by the order dated 110.2008. Learned Additional Commissioner relied on the judgment of the Apex Court reported in 1994 Mh.L.J. 100 [Jaenendrakumar Phoolchand Daftari –vs- Rajendra Ramkush