1. The Petitioner is aggrieved by the order dated 13.12.2016 passed by the Additional Collector, Nanded by which, the election of the Petitioner as an UpaSarpanch of village Kothari, has been set aside on account of breach of Rule 10(2) of the Bombay Village Panchayats (Sarpanch and UpaSarpanch) Election Rules, 1964 (herein after referred to as "the said Rules, 1964").

2. The Petitioner is also aggrieved by the order dated 20.11.2017 passed by the Additional Commissioner, Aurangabad by which, the appeal filed by the Petitioner against the order dated 13.12.2016, has been dismissed.

3. I have considered the strenuous submissions of the learned Advocate for the Petitioner and the learned AGP on behalf of Respondent Nos. 1, 2 and 4.

4. The entire dispute turns upon Rule 10 of the said Rules, 1964.

5. A special meeting was convened by the Tahasildar on 29.07.2016 for conducting the elections to the positions of Sarpanch and UpaSarpanch of the said village. Before the meeting could commence, five members, out of the nine elected members to the Village Panchayat, approached the Chairperson with a memorandum signed by each of them praying for conducting the elections by "show of han