JUDGMENT - D.R. DHANUKA, J. :---Heard learned Counsel for the petitioner as well as learned Counsel for the respondents. Rule heard forthwith for final hearing. 2. Sometime in the month of March, 1994 it was decided by the prescribed authorities to constitute Neral Grampanchayat. The said Grampanchayat was to consist of 15 elected members. It was decided by the prescribed authority that the area of the said Grampanchayat shall be divided into five wards and the seats distributed as under :--- In Ward 1 :- (a) 2 seats for S.C. S.T. candidates; (b) 1 seat for women. In Ward No. 2 :- (a) 1 seat for S.T.; (b) 1 seat for women; (c) 1 open. Ward No. 3 :- (a) 2 seats open; (b) 1 seat for women; Ward No. 4 :- (a) 1 seat for women; (b) 2 seats open. Ward No. 5 :- (a) 2 seats open; (b) 1 seat for women; 3. The election process for constituting the said Grampanchayat was commenced by the authorised Tahsildar as indicated below :--- On 5th April, 1994 notice was published to the effect that the list of voters was kept open for inspection. The said notice was published as contemplated under Rule 3 of the Bombay Village Panchayat Election Rules of 1959. The election programme was published by the Tahsildar soon thereafter as contemplated under Rule 7 of the above referred rules. By the said notice published the election programme as contemplated in Rule 7(1) of the said Rules, the Tahsildar fixed the last date for making nomination as well as the date for scrutiny of nomination, date for withdrawal of candidates and the date on which the poll shall take place. The above referred notice as contemplated under Rule 7 of the said Rules was published by the authorised officer having necesary jurisdiction to do so on 5th April, 1994. On 28th April, 1994, the elections were held as scheduled. Results were declared. Various persons who are declared elected at the said elections including the petitioner No. 5 from reserved seat for women from Ward No. 2, petitioners No. 2 from general category from Ward No. 3 and petitioner No. 4 from Ward No. 4 from reserved seat for women. 4. Results were declared. Various persons who are declared elected at the said elections including the petitioner No. 5 from reserved seat for women from Ward No. 2, petitioners No. 2 from general category from Ward No. 3 and petitioner No. 4 from Ward No. 4 from reserved seat for women. 4. Instead of publishing the said declared result as required by Rule 37 of the Bombay Village Panchayats Election Rules of 1959, the respondent No. 2 cancelled the result of the election already held on 28th April, 1994 in respect whereof results were already declared. 5. The respondent No. 2 passed the impugned order dated 8th July, 1994 in view of the Bombay Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samities (Amendment), Act 1994 having already been brought into force with effect from 23rd April, 1994 and the telephonic message received by him duly transcribed at Exhibit "J" to the petition. By section 6 of the Amending Act No. 11 of 1994 section 11 of the Bombay Village Panchayats Act, 1958 was amended. Section 11(2) of the Bombay Village Panchayats Act as amended reads as under : "The election of members of Panchayat or election to fill any vacancy shall be held on such date as the State Election Commission may appoint in this behalf." In our opinion, the respondents have clearly misread the said provision. In this case, the election process was commenced by the Tahsildar under the unamended provision as far back as on 5th April, 1994. It is not the mandate of law that the election process duly commenced by the Tahsildar stands reversed as a result of the provisions contained in Maharashtra Act 21 of 1994 and the State Election Commission should re-start the election process from inception. In our opinion, the State Election Commission is the competent authority to hold the election after 23rd April, 1994 whereof the election process was not commenced prior to 23rd April, 1994. 6. In this view of the matter we set aside the impugned order dated 8th July, 1994. We make the rule absolute in terms of prayers (a) and (b). The prescribed authority shall publish the names of elected members to the Grampanchayat of Neral in accordance with the law and shall hold the election of sarpanch and upsarpanch of the said Grampanchayat as expeditiously as possible. 7. We make the rule absolute in terms of prayers (a) and (b). The prescribed authority shall publish the names of elected members to the Grampanchayat of Neral in accordance with the law and shall hold the election of sarpanch and upsarpanch of the said Grampanchayat as expeditiously as possible. 7. The petition is finally disposed of in terms aforesaid. 8. No order as to costs. Rule made absolute. *****