Case Note & Summary
The petitioner, Prakash Narayan Harake, filed a writ petition challenging the judgment and order dated 21.01.2022 passed by the Civil Judge, Junior Division, Ghodegaon, in Election Petition No.01 of 2019. The Civil Judge had set aside the election of Respondent No.1, Anil Kisan Walunj, as Sarpanch of Village Pondewadi, Taluka Ambegaon, District Pune, and directed the Returning Officer (Respondent No.2) and Tahsildar (Respondent No.3) to take further necessary steps after the appeal period. The petitioner sought modification of this order to the extent that he be declared elected as Sarpanch. The election was held on 26.09.2018 and the result declared on 27.09.2018. The petitioner and Respondent No.1 were the only candidates. The petitioner alleged irregularities in the election process. The Civil Judge found that the election was vitiated due to improper conduct by the Returning Officer and set it aside. The petitioner argued that since he was the only other candidate, he should be declared elected. The High Court examined the provisions of the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964, particularly Rule 15, which prescribes the powers of the Civil Judge in election petitions. The court noted that Rule 15 only empowers the Civil Judge to set aside the election and direct the Returning Officer to take further steps; there is no provision for the Civil Judge to declare a candidate elected. The court held that the power to declare a candidate elected lies with the Returning Officer in a fresh election, not with the Civil Judge. Therefore, the petition was dismissed, and the impugned order was upheld.
Headnote
A) Election Law - Sarpanch Election - Powers of Civil Judge - Section 15 of Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964 - The Civil Judge, Junior Division, set aside the election of Respondent No.1 as Sarpanch but did not declare the petitioner elected. The petitioner sought modification to be declared elected. The High Court held that under Rule 15, the Civil Judge can only set aside the election and direct the Returning Officer to take further steps; the power to declare a candidate elected is not vested in the Civil Judge. The petition was dismissed. (Paras 1-10)
Issue of Consideration
Whether the Civil Judge, after setting aside the election of a Sarpanch, has the power to declare the petitioner as elected to the post of Sarpanch.
Final Decision
The High Court dismissed the writ petition, holding that the Civil Judge has no power to declare a candidate elected under Rule 15 of the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964. The impugned judgment and order of the Civil Judge was upheld.
Law Points
- Election petition
- declaration of elected candidate
- powers of Civil Judge
- Section 15 Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules
- 1964
- Section 15 Maharashtra Village Panchayats Act
- 1959
Case Details
2023 LawText (BOM) (01) 202
WRIT PETITION NO. 2380 OF 2022
Mr. Y. B. Lengare for Petitioner, Mr. Hrishikesh Giri i/by Mr. Prashant M. Patil for Respondent No.1, Mr. S. H. Kankal, AGP for Respondent No.3 – State
Anil Kisan Walunj, Returning Officer (Shri. V.H. Koli), The Tahasildar
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Nature of Litigation
Writ Petition challenging the judgment and order of the Civil Judge in an election petition, seeking modification to declare the petitioner as elected Sarpanch.
Remedy Sought
Petitioner sought modification of the impugned judgment to declare him elected as Sarpanch of Village Pondewadi.
Filing Reason
The Civil Judge set aside the election of Respondent No.1 as Sarpanch but did not declare the petitioner elected; the petitioner sought to be declared elected.
Previous Decisions
The Civil Judge, Junior Division, Ghodegaon, by judgment dated 21.01.2022 in Election Petition No.01 of 2019, set aside the election of Respondent No.1 as Sarpanch and directed the Returning Officer and Tahsildar to take further steps after the appeal period.
Issues
Whether the Civil Judge has the power to declare a candidate elected after setting aside an election under the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964.
Submissions/Arguments
Petitioner argued that since he was the only other candidate, he should be declared elected as Sarpanch.
Respondent No.1 opposed the petition, contending that the Civil Judge had no power to declare a candidate elected.
Ratio Decidendi
Under Rule 15 of the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964, the Civil Judge, after setting aside an election, can only direct the Returning Officer to take further steps; the power to declare a candidate elected is not vested in the Civil Judge but lies with the Returning Officer in a fresh election.
Judgment Excerpts
The present Writ Petition takes exception to the impugned Judgment and Order dated 21.01.2022 passed by the Civil Judge, Junior Division, Ghodegaon...
Petitioner seeks modification of the impugned Judgment and Order dated 21.01.2022 to the extent that... this Court should further direct that the Petitioner is declared as elected to the post of Sarpanch.
Under Rule 15 of the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964, the Civil Judge has no power to declare a candidate elected.
Procedural History
The election for Sarpanch was held on 26.09.2018 and result declared on 27.09.2018. Respondent No.1 was declared elected. Petitioner filed Election Petition No.01 of 2019 before the Civil Judge, Junior Division, Ghodegaon, challenging the election. The Civil Judge set aside the election on 21.01.2022. Petitioner then filed the present Writ Petition No.2380 of 2022 before the Bombay High Court seeking modification to be declared elected.
Acts & Sections
- Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964: 15
- Maharashtra Village Panchayats Act, 1959:
