JUDGMENT :

N.J. Jamadar, J.

Rule. Rule made returnable forthwith and, with the consent of the counsels for the parties, heard finally.

2. These petitions under Article 226 of the Constitution of India, take exception to the order dated 30th October, 2015, passed by respondent no.1 - State Election Commission, cancelling the election process commenced by publication of a notice on 1st October 2015, for the election of Village Panchayat Khuneshwar, Taluka Mohol, District Solapur, under the provisions of Maharashtra Village Panchayat Act, 1959 (hereinafter referred to as "the Act of 1959"), a day prior to the actual polling, which was scheduled to be held on 1st November, 2015, and the subsequent order dated 4th November, 2015, whereby a fresh election programme for the election of Khuneshwar village panchayat came to be declared.

3. These petitions raise a seminal issue of the contours of the power of the State Election Commission in the matter of election to the panchayat constituted under Part IX of the Constitution of India. Whether the power of "superintendence and control" vested in the State Election Commission subsumes in its fold the power to cancel the entire election process in the wake of allegations of irregularities in accepting or rejecting the nominations, is the core question which these petitions pose, in the backdrop of the following facts:

The State Election Commission vide publication dated 28th September, 2015 declared the election programme for the village panchayats in 26 districts of the State of Maharashtra, whose term was to expire in the month of November and December 2015 or which have been newly constituted. The programme commenced with the publication of notice under Rule 7 of the Bombay Village Panchayat (Election) Rules, 1959 (hereinafter referred to as "the Rules of 1959"), leading to the polling of votes on 1st November, 2015 and the declaration of the results on 4th November, 2015. The village panchayat Khuneshwar, Taluka Mohol, District Solapur, was one of the Panchayats for which elections were to be held in accordance with the aforesaid programme. The village panchayat Khuneshwar was divided in three wards to elect nine members. 46 nomination forms were tendered for those nine seats. On 19th October, 2015, the Returning Officer, village panchayat Khuneshwar, by order dated 19th October, 2015 rejected the nominations of 15 persons, including the nominations of Respondent nos.9 to 14.

One of the disqualifications for being a member of a panchayat, under Section 14(1)(J-5) of the Act, 1959, is failure to submit a certificate of the concerned Grampanchayat to the effect that the candidate resides in a house which has a toilet facility and regularly uses such toilet facility or he regularly uses public toilet where he does not reside in a house having toilet facility. The nominations of 15 persons, including Respondent nos.9 to 14 herein, were rejected by the Returning Officer on the ground that they failed to produce a certificate or show satisfactory material indicating compliance of the aforesaid requirement. Respondent nos.9, 10, 11 and 14, being aggrieved by the rejection of their nominations, approached this Court by filing Writ Petition (ST) Nos.29151 to 29154 of 2015. The learned Single Judge of this Court by order dated 21st October, 2015 refused to entertain these petitions as the election was already underway and the actual poll was to be held on 1st November, 2015.

4. In the meanwhile, grievances were made to the authorities including Respondent no.1 - State Election Commission of improper acceptance and rejection of nominations by the Returning Officer, in connivance with the candidates from the opposite group, and on the strength of false certificates issued by the village officer, Khuneshwar. It was alleged that the village officer, Khuneshwar, issued certificates to the candidates, who did not have the toilet facility, and further falsely certified that the candidates (of the complainant