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KISHORE C. SANT
Aarti – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
KISHORE C.SANT, J. - The present petition is by Upa-Sarpanch of the Grampanchyat, Pangri, Tq. Mantha, District Jalna, challenging the proceedings and subsequent orders in respect of an election to the post of Upa-Sarpanch. The petitioner is challenging the judgment and order dtd. 16/11/2021 passed by the learned Additional Divisional Commissioner-1, Aurangabad in an appeal filed by the petitioner, whereby an order is passed by the learned Collector in a dispute filed by respondent No. 4. The learned Collector by the judgment and order allowed the dispute holding that election of the petitioner to the post of Upa-Sarpanch is illegal and set aside the election.
2. The facts in short are as follows : An election to the post of 11 members to the Grampanchyat was held in the month of January, 2021. The post of Sarpanch was reserved for persons belonging to Scheduled Caste. After the election to the post of members was over, a meeting was convened to hold an election to the post of Sarpanch and Upa-Sarpanch on 10/2/2021. In the said meeting respondent No. 4/disputant requested the Presiding Officer to hold voting by way of secret ballot. The said request was turned down and
The court emphasized the importance of adhering to the specific invalidity criteria for ballots as outlined in the election rules, reinforcing the Presiding Officer's authority in determining vote va....
The right to vote during election is strictly governed by election rules, prohibiting voters on election duty from voting at polling stations to maintain electoral integrity.
Voting integrity is paramount; voters on election duty must cast postal ballots only, affirming election rules and processes.
Election votes cannot be canceled based on presumptions; specific statutory grounds must be met, emphasizing the importance of relevant procedures and rules in election disputes.
The main legal point established in the judgment is the requirement for a civil trial-like procedure, including the framing of issues, recording of evidence, and deciding preliminary objections, in t....
Election petitions must demonstrate a prima facie case of irregularities for recounting of votes; non-framing of issues does not invalidate proceedings if parties understand the disputes.
The election of the Chairman of Panchayat Samiti was declared null and void due to procedural irregularities regarding the reservation for women, affirming the necessity of compliance with election r....
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