JUDGMENT :

J.B.PARDIWALA, J.

1. Free and fair elections are the very foundation of democratic institutions and just as it is said that justice must not only be done, but must also seem to be done; similarly, elections should not only be fairly and properly held, but also seem to be so conducted as to inspire confidence in the mind of the electors that everything has been done aboveboard and has been done to ensure free elections.' This was observed by the Supreme Court in the case of Rampakavi Rayappa Belagali Vs. B.D. Jatti & Others, reported in 1970 (3) SCC 147. In the said case, the Supreme Court further held :

"It will be a sad day in the history of our country that the police and the Government Officers create even an impression that they are interfering for the benefit of one or the other candidate. This is particularly so if a candidate is holding an important position or assignment like respondent No.1, at the material time was Minister in the State."

2. This is exactly the allegation of the writ applicant in the case on hand, who has alleged that in the matter of election to the post of President & Vice President of the Satlasana Taluka Panchayat, the total Government Machiner