Case Note & Summary
The petitioner, Vaishali Chaburao Katore, a member of Grampanchayat Nimgaon Khalu, challenged the election of respondent no.4, Shankar Ramdas Shinde, as Sarpanch of the Grampanchayat held on 20.12.2021. The election was conducted by the Presiding Officer (Assistant Commissioner, Nasik Division) who allegedly did not follow the mandatory procedure of secret ballot as required under Rule 8(2) of the Maharashtra Village Panchayats (Sarpanch and Deputy Sarpanch) Election Rules, 1964. The petitioner contended that the Presiding Officer allowed open voting, which vitiated the election. The respondents argued that the writ petition was not maintainable as an alternative remedy existed under Section 15 of the Maharashtra Village Panchayats Act, 1959, and that the election was conducted properly. The court, after hearing the parties, found that the Presiding Officer had not ensured secret ballot and that the election was held in violation of Rule 8(2). The court held that the requirement of secret ballot is mandatory and non-compliance renders the election void. The court allowed the writ petition, set aside the election of respondent no.4 as Sarpanch, and directed the authorities to conduct a fresh election by secret ballot in accordance with the Rules. The court also held that the writ petition was maintainable despite the alternative remedy because the challenge was based on a pure question of law regarding violation of mandatory statutory provisions.
Headnote
A) Election Law - Sarpanch Election - Secret Ballot - Rule 8(2) of Maharashtra Village Panchayats (Sarpanch and Deputy Sarpanch) Election Rules, 1964 - The election of Sarpanch must be conducted by secret ballot as per mandatory requirement of Rule 8(2). The court held that the election of respondent no.4 as Sarpanch was vitiated because the Presiding Officer did not ensure secret ballot and allowed open voting, contrary to the statutory mandate. (Paras 1-6) B) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Article 226 of Constitution of India - The court entertained the writ petition despite availability of alternative remedy under Section 15 of the Maharashtra Village Panchayats Act, 1959, because the election was held in violation of mandatory statutory rules and the challenge was based on pure question of law. (Para 5) C) Election Law - Mandatory Procedure - Rule 8(2) of Maharashtra Village Panchayats (Sarpanch and Deputy Sarpanch) Election Rules, 1964 - The requirement of secret ballot is mandatory and not directory. Non-compliance renders the election void. The court set aside the election and directed fresh election by secret ballot. (Paras 5-6)
Issue of Consideration
Whether the election of the Sarpanch of Grampanchayat Nimgaon Khalu held on 20.12.2021 is vitiated due to non-compliance with Rule 8(2) of the Maharashtra Village Panchayats (Sarpanch and Deputy Sarpanch) Election Rules, 1964, which mandates that the election shall be by secret ballot.
Final Decision
The court allowed the writ petition, set aside the election of respondent no.4 as Sarpanch of Grampanchayat Nimgaon Khalu, and directed the authorities to conduct a fresh election by secret ballot in accordance with the Maharashtra Village Panchayats (Sarpanch and Deputy Sarpanch) Election Rules, 1964.
Law Points
- Election of Sarpanch must be by secret ballot under Rule 8(2) of Maharashtra Village Panchayats (Sarpanch and Deputy Sarpanch) Election Rules
- 1964
- Non-compliance with mandatory election procedure renders election void
- Writ petition maintainable under Article 226 of Constitution of India despite alternative remedy under Section 15 of Maharashtra Village Panchayats Act
- 1959
