ORDER :

Kishore C. Sant, J.

By way of this petition, the petitioners have challenged the judgment and order passed by the Additional Commissioner, Nashik dated 25.10.2021. The petitioners are the Sarpanch and Upsarpanch respectively.

2. The facts in short are that, the petitioners and respondent Nos. 3 to 11 got elected to the post of member of Grampanchayat. Meeting of the newly elected members was scheduled on 09.02.2021 to elect Sarpanch and Upsarpanch. In the meeting some of the members demanded voting by secret ballot. It is for that reason the Returning Officer decided to conduct the election by way of secret ballot. In the meeting the present petitioners and respondent Nos. 3 and 4 filled in nomination forms. The petitioner No. 2 and respondent No. 4 filled in nomination form to the post of Upsarpanch whereas, petitioner No. 1 and respondent No. 3 filled in nomination form to the post of Sarpanch. Their nomination forms were found to be in order and those were accepted as valid nominations. The respondent Nos. 5, 6, 7 and petitioner No. 1 requested for secret ballot. The symbols were allotted to the contesting candidates. The ballot papers were prepared. The respondent No. 3 received five votes and petitioner No. 1 received six votes to the post of Sarpanch. To the post of Upsarpanch respondent No. 4 received five votes and petitioner No. 2 received six votes. Thus, the petitioners were declared as elected to the post of Sarpanch and Upsarpanch respectively.

3. The respondent Nos. 3 and 4 filed appeal bearing Appeal No. 32/2021 before the Collector mainly on the ground that voting was taken by secret ballot merely on asking of some of the members. While allotting the symbols they were not given symbol of their choice. Though the objection to the allotment of symbol was taken, that was turned down. No information about preparing of ballot papers was made known to the members. The ballot box was not properly sealed. No proper care was taken to maintain the secrecy. The room in which the ballot box was kept was not closed by closing the windows and doors.

4. The respondents including these petitioners resisted the appeal by filing their say. The Collector by its judgment and order dated 09.08.2021 allowed the appeal of respondent Nos. 3 and 4 and cancelled the proceedings of meeting dated 09.02.2021. It is considered that, while preparing the ballot papers though the computer of the Grampanchayat was used, however the Returning Officer personally got the print out by going outside the building. There was no proper sealing of the ballot box. The respondents further observed that there was no secrecy maintained in the process.

5. Being aggrieved by the judgment and order passed by the Collector, the petitioners approached the Additional Divisional Commissioner, Nashik. The Additional Divisional Commissioner, however, rejected the appeal. The petitioners are thus before this Court mainly on the ground that there is no specific evidence to show the possibility of pre-arrangement or any prejudice caused to the candidates. No objection was taken by the respondent Nos. 3 and 4 while symbols were allotted to the nominated candidates. Both the authorities have failed to appreciate that there is no convincing evidence to allow the appeal by the Collector. The respondents participated in the election process, however, they did not object to allotment of symbols. It was not open thereafter for them to raise objection about the same. It is only after they are defeated, they filed an appeal before the Collector. The report of the Returning Officer dated 06.03.2021 shows that during the election process the secrecy was maintained. The Returning Off