JUDGMENT :

A.S. Chandurkar, J.

RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. In the elections for the post of Sarpanch at Gram Panchayat Sheri (Budruk), Tahsil Telhara, District Akola, the said post was reserved for Ladies (General Category). The petitioner and the second respondent were the only contestants in the said election. Gram Panchayat Sheri (Budruk) was divided into three Wards. In Ward No.1 there were 461 voters, in Ward No.2 there were 357 voters and in Ward No 3 there were 440 voters. The elections were held on 18.12.2022 in which 385 voters from Ward No.1 exercised their right of franchise; 317 voters exercised their right of franchise from Ward No.2; while 317 voters exercised their right of franchise from Ward No.3. It is the case of the petitioner that when the vote of 235th voter was being cast from Ward No.1 there was some defect in the Electronic Voting Machine as a result of which the said Electronic Voting Machine was required to be changed. After change in the Electronic Voting Machine, remaining voters cast their votes. The votes were counted on 20.12.2022. Though 1019 voters had cast their votes it was shown that only 1