Vikas S/O Prakash Gawai And ... vs The Collector, Akola And Others
2023 Latest Caselaw 1008 Bom

                                                                                                910-wp-707-2023.odt
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.

                            CIVIL WRIT PETITION NO. 707 OF 2023
                  Shri Vikas S/o. Prakash Gawai and anr. -Vs-The Collector and ors.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr. S. A. Dutonde, counsel for the petitioner.
                                       Mr A. S. Fulzele, Addl.GP for respondent No.1/ State.



                                                    CORAM : A.S.CHANDURKAR &
                                                            MRS.VRUSHALI V. JOSHI, JJ.

DATED : 31.01.2023.

Elections for the post of Up-Sarpanch were held on 04.01.2023 in which petitioner No.1 and respondent No.4 were the candidates. In view of the ad-interim order passed in Writ Petition No.12/2023 on 03.01.2023, the petitioner No.2 who has been elected as Sarpanch was precluded from voting in the said election. The petitioner No.1 secured three votes while the respondent No.4 secured four votes. Writ Petition No.12/2023 came to be withdrawn on 05.01.2023 by observing that consequences of vacating the ad-interim order dated 03.01.2023 would follow.

2. It is submitted by the learned Counsel for the petitioners that in view of the interim order dated 03.01.2023, the Election Officer refused permission to the petitioner No.2 to participate in the election of Up-Sarpanch. Had the petitioner No.2 voted in the said election there would have been equality of votes between the petitioner No.1 and respondent No.4. In that situation, the petitioner No.2 would have exercised the right of casting vote. Since the respondent No.4 has now been declared to be elected, the learned

Kavita 910-wp-707-2023.odt

Counsel for the petitioners seeks to rely upon the judgment in (2022) 2 Bom CR 337 (Salma Bi Vs. Collector, Buldana and Others) to urge that on the aforesaid writ petition is withdrawn, the position as prevailing on 03.01.2023 ought to operate.

3. Issue notice for final disposal of the writ petition to the respondents, returnable in four weeks.

4. Learned Additional Government Pleader waives notice for respondent No.1/State.

5. Leave granted to serve the Standing Counsel for the respondent No.3.

6. If the Election Officer has not issued certificate of election to the respondent No.4 till today, the same shall not be issued until further orders.

7. Humdast granted.

8. To be heard along with Writ Petition No. 252 of 2023.

                                     JUDGE                                   JUDGE




Signed By:KAVITA PRAVIN
TAYADE
P. A.

Signing Date:31.01.2023 18:31


       Kavita