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Case Title: Aarti w/o Santosh Kumar v. State of Maharashtra and Ors.

Decided on October 18, 2023.

Case No.: Writ Petition No. 14612 of 2021.

CORUM: HON’BLE JUSTICE KISHORE C. SANT.

 

Introduction

The present petition is filed by the Upa-Sarpanch of the Gram-panchayat, Pangri, District- Talna, challenging the judgment order date 16.11.2021. passed by the Additional Divisional Commissioner-I, Aurangabad. In which the learned commissioner set aside the election of Upa-Sarpanch and held it illegal. On observing the facts of the present case the single Judge bench of Hon’ble Justice Kishore C. Sant of Hon’ble High Court of Bombay bench Aurangabad held that the election of Sarpanch and Upa-Sarpanch must be conducted by secret ballot if the single voting member of the election demanded so and set aside the election Upa-Sarpanch.

 

Facts of the case

An election to the post of 11 members of the Gram-panchayat was held in the month of January 2021. After the election to the post of members are over the special meeting for the election of Sarpanch and Upa-sarpanch was conveyed on 10.02.2021. respondent no.4/dispudant requested the presiding officer to conduct the election by secret ballot. The said request was turned down and the election was conducted by raising hands. There were specific demands to vote by secret ballot which was turned down illegally, it prayed to cancel the proceeding of the special meeting. The learned collector after considering the facts and provision of section 33(4) of the Bombay Village Panchayat Act, held that if there is a demand of secret ballot voting for the same then the election ought to be conducted accordingly and set aside the election.

Court’s observation

The Hon’ble High Court observed that under the provision under Section 33(4) of the Bombay Village Panchayats Act, it is clearly mentioned that if any one voting member of the election wanted to secret ballot voting then the election should be conducted accordingly failing in doing so is against the law. The Hon’ble High Court also held that it is better way to conduct an election by secret ballot instead of raising hands, this is the right of voters to keep themselves private in voting and it will not put any pressure on them while voting and they will vote freely without any fear of any mighty people. The Hon’ble High Court also dismissed the technical objection raised by the petitioner to withdraw the dispute by the respondent, emphasizing the transparency and legality in the election of the village. The Hon’ble Court upheld the order passed by the collector and Additional District Commissioner-I and dismissed the petition.

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Written by: Aamir Hussain.

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