Bombay High Court
Sandip S/O Pandurang Gawande And ... vs The Additional Collector Akola ... on 2 May, 2017
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2687/2016
1. Sandip S/o Pandurang Gawande,
aged about 35 Yrs., Occu. Agriculturist,
R/o Dapura (Majlapur), Tq. and
District Akola.
2. Shailesh S/o Janrao Dongre,
aged about 35 Yrs., Occu. Agriculturist,
R/o Dapura (Majlapur),
Tq. and District Akola. ..Petitioners.
..Vs..
1. The Additional Collector,
Akola.
2. Divisional Commissioner,
Amravati Division, Amravati.
3. Secretary, Gram Panchayat,
Dapura (Majlapur), Tq. and
District Akola.
4. Vasantrao Ramkrushna Gawande,
aged about 55 Yrs., Occu. Agriculturist,
R/o Dapura (Majlapur), Post Dapura,
Tq. and District Akola. ..Respondents.
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Shri S. V. Sohoni, Advocate for the petitioners.
Ms. H. N. Prabhu, A.G.P. for respondent Nos.1 and 2.
Shri Ankush Tirukh, Advocate for respondent No.3.
Shri Deepak Patil, Advocate for respondent No.4.
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CORAM : Z.A.HAQ, J.
DATE : 2.5.2017.
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C.A.W. NO.1053/2017
For the reasons stated in the application, the application seeking
permission to amend the prayer clause is allowed. The amendment be carried
out forthwith. No costs.
ORAL JUDGMENT
1. Heard Shri S. V. Sohoni, Advocate for the petitioners, Ms. H. N.
Prabhu, A.G.P. for the respondent Nos.1 and 2, Shri Ankush Tirukh, Advocate
for the respondent No.3 and Shri Deepak Patil, Advocate for the respondent
No.4.
2. Rule. Rule made returnable forthwith.
3. The petitioners have challenged the interim order passed by the
Divisional Commissioner by which the prayer of the petitioners for grant of
interim order staying the effect, operation and execution of the order passed by
the Collector, is rejected.
4. The petitioners were elected as Members of Gram Panchayat in the
election held on 8th August, 2010. The petitioners were removed from the
office of Gram Panchayat as Members on the ground that they had not
submitted the account of election expenses within the stipulated time. An
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order was passed by the Collector under Section 14B of the Maharashtra
Village Panchayats Act disqualifying the petitioners for further period of five
years. This order was challenged by the petitioners in appeals before the
Divisional Commissioner which were dismissed. The petitioners had filed Writ
Petition No.5824/2015 and Writ Petition No.5853/2015 which are allowed by
the judgments delivered on 2nd August, 2016 and 10th August, 2016, the orders
passed by the Divisional Commissioner and Collector are set aside and the
matters are remitted to the Collector for deciding them afresh. It is submitted
that the proceedings are pending before the learned Collector.
5. In the meantime, after the term of the members of Gram Panchayat
came to an end, fresh elections are held in 2015, the petitioners again
contested the elections and got elected. The respondent No.4 filed application
praying that the petitioners be removed from the office of members of the
Gram Panchayat. The respondent No.4 contended that the petitioners
contested the elections held in August, 2015 illegally, though they were
declared to be disqualified for five years by the order dated 13 th February,
2013. The respondent No.4 contended that the petitioners contested the
elections held in August, 2015 by misrepresenting the Election Officer by filing
false documents. This application came to be allowed by the Collector and it is
directed that the petitioners be removed from the office of the members of the
Gram Panchayat. The petitioners challenged this order before Divisional
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Commissioner by filing appeal and also prayed for interim order. The learned
Divisional Commissioner, by the impugned order, has rejected the prayer for
interim order and therefore, this petition is filed.
6. The application filed by the respondent No.4 under Section 14(1)(k)
of the Maharashtra Village Panchayats Act, 1959 is allowed by the learned
Collector on the ground that the petitioners are disqualified to be the members
of the Gram Panchayat for five years by the order passed on 13 th February,
2013 and the appeals filed by them were also dismissed and therefore, they
could not have contested the elections held in August, 2015. Thus, the
foundation of the order passed by the Collector on 9 th March, 2016 is the
disqualification of the petitioners by the order passed on 13th Febraury, 2013.
As the order passed on 13th February, 2013 is set aside by this Court by the
judgments in Writ Petition No. 5824 of 2015 and 5853 of 2015, the foundation
of the orders passed by the learned Collector on 9 th March, 2016 goes. The
order passed by the learned Collector on 9 th March, 2016 is subjudiced in
appeal before the Divisional Commissioner and it is not the subject matter of
this writ petition. However, considering the facts recorded above and as the
learned advocates for the respective parties and the learned Assistant
Government Pleaer are not disputing that the order passed by the Collector on
9th March, 2016 does not survive, the following order is passed:
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(i) The impugned order is set aside.
(ii) The order passed by the Collector, Akola on 9 th March, 2016 is set
aside.
(iii) The Appeal No.10/2016 challenged by the petitioners and pending
before the Divisional Commissioner is disposed of as the order which is
challenged in the appeal is itself set aside.
(iv) The matter is remitted to the Collector, Akola for deciding the
application filed by the respondent No.4 under Section 14B of the Maharashtra
Village Panchayats Act, 1959 afresh.
(v) The petitioners, respondent No.4 and the representative of
respondent No.3 - Gram Panchayat shall appear before the Additional
Collector, Akola on 5th July, 2017 at 11 a.m. and abide by further orders /
instructions in the matter.
(vi) The learned Collector shall take up the application filed by the
respondent No.4. under Section 14B of the Maharashtra Village Panchayats
Act, 1959 after deciding the matters which are remitted for fresh decision by
this Court by the judgment given in Writ Petition No.5824/2015 and Writ
Petition 5853/2015.
(vii) As the matters are old, the learned Collector shall dispose them
within six months.
The petition is disposed of in the above terms.
In the circumstances, the parties to bear their own costs.
JUDGE
Tambaskar.
