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1967 Supreme(Online)(Bom) 32

BOMBAY HIGH COURT
*Patel, Deshmukh, JJ.
Jagannath Pundlik Date v. Sukhdeo Onkar Wankhede


Advocates:
For the Appellants/Petitioners: Mr. Manohar
For the Respondents: Mr. Kulkarni

Table of Content
1. election disputes and voting rights. (Para 1 , 2)
2. civil judge's power to grant injunctions. (Para 3 , 9)
3. requirement for proving legal injury. (Para 4 , 5 , 6)
4. statutory rights protect elected representatives. (Para 7 , 8)
5. alternatives to legal remedies in electoral disputes. (Para 10 , 11)
6. final order of the court. (Para 12)

1. This petition demonstrates the manner in which some of the Panchayats are working under the Panchayats Act.

2. The dispute between the parties arises out of an election to the Village Panchayat of Wadshingi, taluq Jalgaon, which took place on May 26, 1966. The result of the election were declared on the next day. At this election petitioners 1 to 4 and respondents 1 to 5 were elected. The meeting for the election of the Sarpanch of this Panchayat was fixed originally for July 5, 1966, and then adjourned to July 18, 1966. In the meantime, respondents 6 and 7 filed two election petitions against petitioners 1 and 2 on June 10, 1966, Respondent No. 1 was the Sarpanch elected to the prior Panchayat. He then made an application under S.16 of the Bombay Village Panchayats Act 1958, to the Collector for disqualifying the petitioners 1














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