A.S. CHANDURKAR, J.

1. The question that arises for consideration in this writ petition is whether a candidate after unsuccessfully contesting an election without raising any objection can thereafter challenge the said election on the ground that it was conducted by the Returning Officer who had no authority in law to conduct the meeting in which the said election was held.

2. Rule. Heard finally with consent of learned counsel for the parties.

The facts lie in a narrow compass. Elections were held to the post of Sarpanch of Gram Panchayat Vyad, Taluka Risod, District Washim. The Deputy Collector issued a notice on 31/07/2018 convening a meeting for electing the Sarpanch to the said Gram Panchayat on 09/08/2018 and deputed the Tahsildar to conduct the said meeting. The Tahsildar thereafter on 01/08/2018 directed the Circle Officer to preside over the meeting that was to be held on 09/08/2018. In the elections that were so held on 09/08/2018 the petitioner secured seven votes while the respondent No.1 secured four votes. The petitioner was accordingly declared elected to the post of Sarpanch. The respondent No.1 thereafter filed a dispute under Section 33(5) of the Maharashtr