High Court
Facts
IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO. 4684 OF 2024WITH WRIT PETITION NO. 4663 OF 2024WITH WRIT PETITION NO. 4651 OF 2024WITH WRIT PETITION NO. 4661 OF 2024WITH WRIT PETITION NO. 4660 OF 2024WITH WRIT PETITION NO. 4659 OF 2024WITH WRIT PETITION NO. 4664 OF 2024WITH WRIT PETITION NO. 4648 OF 2024WITH WRIT PETITION NO. 4681 OF 2024WITH WRIT PETITION NO. 4698 OF 2024SAJID KHAN MAJID KHANVERSUSTHE DISTRICT COLLECTOR NANDED AND OTHERS…..Mr. P. P. Mandlik, Advocate for the petitioners Mr. S. N. Kendre, AGP for the respondent/StateMr. K. N. Shermale and Mr. U. S. Mote, Advocate for respondent No.5 in respective petitions. CORAM: R. M. JOSHI, J.DATE: 06th FEBRUARY, 2025PER COURT :-1.These petitions take exception to order dated 23/08/2023passed by District Collector, Nanded rejecting Grampanchayat DisputesNo. CR 17/2023, 18/2023, 19/2023, 20/2023, 21/2023, 22/2023,23/2023, 24/2023 in respective petitions filed by the petitioners underSection 14 of Maharashtra Village Panchayat Act (for short ‘the Act’) fordeclaration of respondent No.5 has disqualified for not submitting theinformation regarding the expenses incurred during the election ofGrampanchayat and in accordance with the rules.wp4648.24.odt1 of 7
Legal Reasoning
no specific forms provided for the purpose of the submission of electionexpenses. According to him submission of affidavit within 30 days issufficient compliance. It is submitted that the Collector has rightly takeninto consideration the report of Tahasildar and rendered the findingswhich according to him do not require interference.5.Learned AGP has assisted this Court by pointing out relevantprovisions of the Act, indicating that once an application is made underSection 14 of the disqualification, it is for the Collector under Section 16of the Act to decide the same. He drew attention of the Court to thejudgment of this Court in case of Archana w/o Ananda Shembalwad @Archana D/o Ramji Pillewad Versus State of Maharashtra and others.,(2023) 5 Mah LJ 525 to submit that the said issue would not fall forconsideration of the Election Commission as the challenge to the electionwould be limited to the corrupt practices adopted therein.6.At this stage it would be relevant to take into considerationthe provisions of Sections 14 and 16 of the Act which reads thus:-14. Disqualifications.- [(1) No person shall be a member of a panchayat continue assuch, who-] [This existing section 14 was renumbered as subsection (1) by Maharashtra 34 of 2000, Section 2.](a) has, whether before or after the commencement of this Act,been convicted-xxxxxxwp4648.24.odt3 of 7 [(j-4) has been disqualified by the State Election Commissionunder section 14B; or] [Clause (j-4) was inserted by Maharashtra16 of 2010, Section 2.]xxx14B. [ Disqualification by State Election Commission.] [Section 14Bwas inserted by Maharashtra 16 of 2010, Section 3.] (1)If the State Election Commission is satisfied that a person,-(a)has failed to lodge an account of election expenses within thetime andin the manner required by the State Election Commission,and(b)has no good reason or justification for such failure, the StateElection Commission may, by an order published in the OfficialGazette, declare him to be disqualified and such person shall bedisqualified for being a member of panchayat or for contesting anelection for being a member for a period of five years from thedate of the order.(2)The State Election Commission may, for reasons to be recorded,remove any disqualification under sub-section (1) or reduce theperiod of any such disqualification.16. Disability from continuing as member.(1)If any member of a panchayat,-(a)who is elected or appointed as such, was subject to any of thedisqualifications mentioned in section 14 at the time of his electionor appointment, or(b)during the term for which he has been elected or appointed,incurs any of the disqualifications mentioned in section 14,he shall be disabled from continuing to be a member, and his officeshall become vacant.(2) [If any question whether a vacancy has occurred under thissection is raised by the Collector suo motu or an application madeto him by any person in that behalf, the Collector shall decide thequestion as far as possible within sixty days from the date ofreceipt of such application. Until the Collector decides the question,the member shall not be disabled under sub-section (1) fromcontinuing to be a member.] [This was substituted for the portionbeginning with the words 'In every case' and ending with thewp4648.24.odt4 of 7 words 'from continuing to be a member' by Maharashtra 36 of1965, Section 10.] Any person aggrieved by the decision of theCollector may, within a period of fifteen days from the date of suchdecision, appeal to the [Commissioner] [Substituted 'StateGovernment' by Maharashtra Act No. 54 of 2018, dated13.8.2018.], and the orders passed by the [Commissioner][Substituted 'State Government' by Maharashtra Act No. 54 of2018, dated 13.8.2018.] in such appeal shall be final:Provided that, no order shall be passed under this sub-section bythe Collector against any member without giving him a reasonableopportunity of being heard.”7.At this stage it would be relevant to take note of judgment ofthis Court in case of Archana w/o Ananda Shembalwad @ Archana D/oRamji Pillewad (supra), wherein it is held that;“24) In the case of Soni w/o. Gajanan Kurkute Vs. Election Officer,Gram Panchayat, taroda and Ors. reported in 2020 (2) Mh.L.J.941, this Court in para Nos. 16 has held as under :-“16. I find that if the words 'submitted a false claim or a falsecaste certificate', were continued under 15(5)(a), the case ofthe complainant that the petitioner has submitted a falsebirth certificate, could have been tenable. It is possible thatthe words 'false claim' could have included a false claim asregards the date of birth of a candidate and if suchinterpretation is to be arrived at, the case of the complainantcould have been covered under section 15(5)(a). However,now that the said words have been deleted, discloses theintent of the legislature in restricting section 15 only tocorrupt electoral practices.”.It is thus clear that from these observations that except forthe corrupt practices the issues would not fall for consideration in anElection Petition. The provisions of Section 16 of the Act enablesCollector to decide the question in respect of vacancy occurred underwp4648.24.odt5 of 7 Section 14 of the Act. 8.Herein this case the petitioners have filed specific disputebefore the Collector invoking provisions of Section 14B of the Act fordeclaration of respondent No.5 as disqualified for non compliance ofSection 14(1) and (2) of the Act. The Collector under Section 16 of theAct is entitled to take cognizance of such complaint. In suchcircumstances it was obligatory on the part of the District Collector todecide the said dispute. This Court also finds no substance in thecontention of the learned counsel for respondent No.5 that no forms areprovided for the purpose of submitting the election expenses andtherefore the impugned order is justified. The order of the State ElectionCommission is self explanatory and it also provides for the appropriateforms to submit the election expenses. Herein this case Tahasildar hassubmitted report dated 17/04/2023 flagging the inconsistencies anddiscrepancies in the election expenses submitted by contestingrespondent.9.The order of State Election Commission, authorizing Collectorto decide the issue r/w provisions of Sections 14 and 16 of the Act, in nouncertain terms cast responsibility on Collector to decide the issue ifraised or even suo moto. It would therefore not be open for the saidauthority to shirk its responsibility.wp4648.24.odt6 of 7 10.The District Collector therefore has committed error in notexercising his jurisdiction under Section 16 of the Act. There would no bejustification for the District Collector to state that the issue involved is oftechnical in nature and therefore he cannot go into the same. This iscontrary to the provisions of Section 16 of the Act read with the orderissued by the State Election Commission. 11.Since there is non exercise of the jurisdiction by the DistrictCollector, so also incorrect findings are recorded in respect of the reportof the Tahasildar, it is a fit case to set aside the order impugned and torelegate the matter back to the District Collector for decision afresh.Hence, petitions stand allowed.12.The Grampanchayat Disputes are relegated back to theDistrict Collector, Nanded for decision afresh. In view of provision ofSection 16(2) of of the Act, District Collector to decide the same inaccordance with law within a period of two months from today.13.Petitions stand allowed in above terms. (R. M. JOSHI, J.)sspwp4648.24.odt7 of 7
Arguments
2.District Collector by passing impugned order has rejected theapplication with observation that the issue sought to be raised by thepetitioners is technical in nature and therefore the same cannot be goneinto.3.Learned counsel for the petitioners submits that the DistrictCollector has committed error in appreciating the report submitted byTahasildar in respect of the election expenses incurred by respondentNo.5 in proper perspective and in fact misread it. He drew attention ofthe Court to the order issued by the State Election Commission whichauthorized District Collector to decide the issue with regard to thecorrectness thereof. According to him in the instant case the Tahasildarhas submitted report to the Collector by pointing out that thediscrepancies therein. It is his submission that the Collector in theimpugned order in fact has not even taken into consideration the saidreport appropriately. Though it is stated in the report by Tahasildar thatthere appears difference in the signatures on nomination form andaffidavit, Collector however, observed otherwise. It is submitted on underSection 16 of the Act, it is the responsibility of the Collector to decide thesaid issue and hence it is a fit case for setting aside the impugned orderand relegating the matter back to the Collector for decision afresh.4.Learned counsel for respondent No.5 submits that there arewp4648.24.odt2 of 7