Case Note & Summary
The case involves an appeal against a Single Judge's order that upheld the election of respondents as Sarpanch and UpSarpanch of Gram Panchayat Wadhona Ramnath. The election saw a tie in votes, prompting the Returning Officer to resort to a draw of lots under Section 33(4) of the Bombay Village Panchayat Act, 1960 and Rule 16 of the Bombay Village Panchayat (Sarpanch and UpaSarpanch) Election Rules, 1964. The Returning Officer placed chits of the two candidates along with four blank chits in a box and had a 12-year-old boy pick a chit. The candidate whose chit was picked was declared elected. The appellants challenged this procedure, arguing that the inclusion of blank chits vitiated the election. The Single Judge dismissed the challenge, and the Division Bench affirmed, holding that the draw was fair and the blank chits did not affect the outcome. The court noted that the procedure was transparent and the result was not manipulated. The appeal was dismissed, confirming the election of the respondents.
Headnote
A) Election Law - Draw of Lots - Validity of Procedure - Section 33(4) Bombay Village Panchayat Act, 1960 and Rule 16 of Bombay Village Panchayat (Sarpanch and UpaSarpanch) Election Rules, 1964 - The Returning Officer, faced with equality of votes, conducted a draw of lots by placing chits of the two candidates along with four blank chits in a box and having a 12-year-old boy pick a chit. The court held that the inclusion of blank chits did not invalidate the election as the draw was fair and the blank chits did not affect the result since a candidate's chit was picked. The court emphasized that the procedure must be fair and transparent, and in this case, it was. (Paras 2-4)
Issue of Consideration
Whether the inclusion of blank chits in the draw of lots for election of Sarpanch and UpSarpanch, when there was equality of votes, renders the election invalid.
Final Decision
The Letters Patent Appeal is dismissed. The judgment of the Single Judge upholding the election of respondents as Sarpanch and UpSarpanch is confirmed.
Law Points
- Election by draw of lots
- Equality of votes
- Inclusion of blank chits
- Validity of election procedure
- Bombay Village Panchayat Act 1960 Section 33(4)
- Bombay Village Panchayat (Sarpanch and UpaSarpanch) Election Rules 1964 Rule 16
Case Details
2011 LawText (BOM) (03) 173
LETTERS PATENT APPEAL No.19/2011 IN WRIT PETITION No. 4744/2010
S.A. BOBDE, S.B. DESHMUKH
Mr. N.A. Gawande for Petitioners, Mr. Kale for Respondent Nos.1 & 2, Mr. M.A. Vaishnav for Respondent No.3, Mr. V.A. Kothale for Respondent No.6
Ramdas Motiramji Matode and Sitaram Bajiraoji Kantale
The Additional Commissioner, Amravati Division, Amravati and Others
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Nature of Litigation
Letters Patent Appeal against judgment of Single Judge in Writ Petition challenging election of Sarpanch and UpSarpanch.
Remedy Sought
Appellants sought to set aside the election of respondents as Sarpanch and UpSarpanch on the ground that the draw of lots was invalid due to inclusion of blank chits.
Filing Reason
The Returning Officer included blank chits in the draw of lots, which the appellants argued vitiated the election.
Previous Decisions
The Single Judge dismissed the Writ Petition, upholding the election. The present appeal is against that judgment.
Issues
Whether the inclusion of blank chits in the draw of lots for election of Sarpanch and UpSarpanch, when there was equality of votes, renders the election invalid.
Submissions/Arguments
Appellants argued that the inclusion of blank chits in the draw of lots was illegal and vitiated the election.
Respondents contended that the draw was fair and the blank chits did not affect the result.
Ratio Decidendi
The inclusion of blank chits in a draw of lots for election does not invalidate the election if the procedure is fair and the blank chits do not affect the result. The draw must be transparent and conducted in a manner that ensures a fair outcome.
Judgment Excerpts
The Returning Officer, therefore, put two chits of the two candidates who had drawn equal number of votes, in one box for the post of Sarpanch and in another box the Returning Officer similarly placed two chits of the names of the two candidates for the post of UpaSarpanch. In addition to the chits containing names of two candidates holding equal number of votes, the Returning Officer added 4 blank chits in both the boxes.
The learned Single Judge has held that the inclusion of blank chits does not vitiate the election. We are in agreement with the view taken by the learned Single Judge.
Procedural History
The election of Sarpanch and UpSarpanch of Gram Panchayat Wadhona Ramnath resulted in a tie. The Returning Officer conducted a draw of lots with blank chits. The appellants challenged the election before the Single Judge, who dismissed the petition. The appellants then filed the present Letters Patent Appeal.
Acts & Sections
- Bombay Village Panchayat Act, 1960: 33(4)
- Bombay Village Panchayat (Sarpanch and UpaSarpanch) Election Rules, 1964: 16
