Naresh H Patil, J.@mdashHeard. Rule made returnable forthwith. Heard finally by consent.
2. The election to the Gram Panchayat Mhasawad was declared along with general elections to the Gram Panchayats in the State of Maharashtra. The elections were conducted by the State Election Commission. During course of election the Collector and the officers subordinate to the Collector discharged their duties as election officers, assisting the State Election commission in completing the election process.
3. There is no dispute between the parties that consequent to the steps taken by the State Election Commission a Notification under Rule 5(1) of the Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966 (for short, "the Rules, 1966") was issued by the Collector, District Nandurbar on 28th December 2010. Both the petitioners 4 W.P.913 of 2011 have raised objections to the divisions of wards and allotment/re-allotment of certain house numbers to different wards deviating from the original notification which was issued by the Collectorate, Nandurbar.
4. By an order dated 21st February 2011 passed in Writ Petition No.913 of 2011, Division Bench (Coram: Naresh H Patil & S.V. Gangapurwala, JJ.) directed the State Election Commission and the Collector to initiate enquiry after perusing the original record which was placed before the Court. Until further orders the further stages of the election were directed to be stayed. We are informed that the election process could not proceed thereafter.
5. The learned counsel Shri. Malte appearing for the State Election Commission produced the original record before us. We have perused the same and the correspondence made between the Collector and other officers. The learned counsel submits that consequent to the order passed by this Court, the Collector held enquiry against the officers by resorting to the provisions of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 and issued warning to the officers.
6. We have considered the submissions advanced by the learned counsel for the respective petitioners. The learned counsel Shri. J.R. Shah for the petitioner, in support of his submissions, has placed reliance on reported judgment in
7. In the facts of the case and considering the allegations made and the original record produced before us, we find it appropriate to direct the authorities to issue a fresh proclamation under the Rules, 1966 so that transparency and fairness in holding elections is exhibited and confidence of the people of village Mhasawad in democratic process is strengthened. We, therefore, pass following order :
(A) The Notification issued by the Collector, Nandurbar dated 28-12-2010 under rule 5(1) of the Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966 for holding elections of Gram Panchayat Mhasawad is quashed and set aside.
(B) We direct the Collector Nandurbar to issue fresh notification under rule 5(1) of the Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966 and proceed further to hold elections to Gram Panchayat Mhasawad, Taluka Shahada, District Nandurbar.
(C) We direct the Collector Nandurbar to personally supervise all the stages of the election even if subordinate officers are deputed/appointed to execute the election programme. We direct the State Election Commission and the Collector Nandurbar not to depute the officers who were earlier looking after the stages of the election process of the election to Gram Panchayat Mhasawad.
(D) The Collector is directed to complete the election process by giving priority.
(E) Rule made absolute in the above terms. No order as to costs. Authenticated copy of the order be given to Shri. Malte, learned counsel for the State Election Commission. The parties to act on the authenticated copy of the order.
