Sandip S/O Pandurang Gawande vs The Collector, Akola And 2 Others
2016 Latest Caselaw 4364 Bom

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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH : NAGPUR.




                                                                                       
                                      WRIT PETITION NO. 5824 OF 2015

    Sandip s/o Pandurang Gawande
    Aged about 34 years, Occ. Agriculturist, 




                                                                                      
    R/o. : Dapura, (Majlapur), 
    Tq. and District Akola.                                                                                   ... Petitioner
     
                      //   VERSUS  // 




                                                                     
    (1) The Collector, Akola. 

    (2) Divisional Commissioner, 
          Amravati Division, Amravati. 
                                           
                                          
    (3) Secretary, Gram Panchayat, 
          Dapura, (Majlapur), 
          Tq. and District Akola.                                                                        ... Respondents 
    -------------------------------------------------------------------------------------------------------
    Shri S. V. Sohoni, Advocate for the petitioner 
           


    Shri A. M. Tirukh, Advocate for the respondent no. 3 
    Shri K. L. Dharmadhikari, AGP for the respondent nos. 1 and 2
        



    -------------------------------------------------------------------------------------------------------------------------------

                                                                 CORAM :  A. S. CHANDURKAR, J.

                                                                 DATE    :   2-8-2016.





    ORAL ORDER

Rule. Heard finally with consent of learned counsel for the parties.

2. The petitioner is aggrieved by the order dated 10-3-2014 passed by

the respondent no. 2 in the appeal filed under Section 16(2) of the Maharashtra

Village Panchayats Act, 1959 (for short 'the said Act'). By the impugned order,

the aforesaid appeal has been dismissed.

3. The petitioner contested the elections for the post of Member of the

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respondent no. 3, Gram Panchayat. He was declared elected on 10-8-2010.

According to the petitioner, the accounts of the election expenses were submitted

on 22-11-2010. However, proceedings were initiated against the petitioner on

account of non-submission of election expenses. The Collector by order dated

13-2-2013 held the petitioner to be disqualified under the provisions of Section

14B of the said Act. The petitioner filed an appeal before the Divisional

Commissioner and by the impugned order, the said appeal had been dismissed.

4.

Shri Sohoni, learned counsel for the petitioner submitted that the

petitioner had submitted election expenses on 22-11-2010. The subsequent

notice dated 1-6-2011 issued by the office of the Collector was never received

by the petitioner and hence the petitioner would not contest the proceedings

before the Collector. The ground in this regard was specifically raised in the

appeal filed by the petitioner but even the appellate authority failed to take the

same into consideration. Merely, by accepting the report dated 23-4-2013, the

order of disqualification had been maintained. It was, therefore, submitted that

in absence of due notice, the order of disqualification could not have been

passed.

5. Shri Dharmadhikari, learned Assistant Government Pleader for the

respondent nos. 1 and 2 supported the impugned order. He relied upon the

report dated 23-4-2013 submitted by the Collector and, therefore, urged that as

the accounts were not submitted, the order of disqualification was justified.

6. Shri Tirukh, learned counsel appeared for the respondent no. 3.

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7. Perusal of the order dated 13-2-2013 indicates that the Collector

proceeded to disqualify the petitioner on the ground that the petitioner had not

responded to the notice dated 1-6-2011. In the appeal filed by the petitioner, a

specific ground in that regard was raised. There is no consideration whatsoever

of the aforesaid ground by the Divisional Commissioner. The provisions of

Section 14B of the said Act contemplate grant of reasonable opportunity to the

concerned party before any order of disqualification is passed. In the present

case, when a specific ground regarding non-service of notice dated 1-6-2011 was

raised, a finding in that regard ought to have been recorded. This is all the more

necessary in view of the acknowledgment dated 22-11-2010 placed on record by

the petitioner indicating submission of election accounts.

8. In view of the aforesaid, the impugned orders are liable to be

quashed and set aside. The proceedings deserve to be adjudicated afresh.

Hence, the following order :

(i) The order dated 13-2-2013 passed by the Collector as well as the order dated 10-3-2014 passed by the Divisional Commissioner are quashed and set aside.

(ii) The Collector, Akola shall decide the proceedings afresh in the light of the

observations made in the aforesaid judgment. The proceedings shall be decided expeditiously and in accordance with law.

Rule is made absolute in aforesaid terms. No costs.

                                                                                    JUDGE

    wasnik





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                                   CERTIFICATE




                                                     

"I certify that this Judgment uploaded is a true and correct copy of original singed Judgment."

Uploaded by : A. Y. Wasnik, P.A. Uploaded on : 4-8-2016