Shri. Dnyaneshwar Sadashiv ... vs Shri. Rahul Shivaji Dhomse And Ors
2021 Latest Caselaw 16207 Bom

                                                            20.WP7871_2021.doc

Vidya Amin
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO. 7871 OF 2021

         Dnyaneshwar Sadashiv Kedare                      ... Petitioner
              V/s.
         Rahul Shivaji Dhomse & Ors.                      ... Respondents

         Mr. Pramod N. Joshi for the petitioner.
         Mr. P.P. Pujari, AGP for the State.

                                   CORAM : G.S.KULKARNI, J.

DATE : 23 November, 2021 P.C.:

Heard Mr. Joshi, learned counsel for the petitioner and Mr.

Pujari, learned AGP for the State.

2. The challenge in this petition is to an order dated 24 August,

2021 passed by the learned Commissioner, Nashik Division, Nashik

whereby an interim application for stay in the Gram Panchayat

Election Appeal No. 7 of 2021 filed by the petitioner has been

rejected. The petitioner had contested Grampanchayat's election

of Gortha Grampanchayat Taluka Niphad, District Nashik held on

19 December, 2019. As per the provisions of Section 14B of the

Maharashtra Village Panchayat Act, 1958 (for short "the Act") and

the rules framed therein by the Election Commissioner, the

petitioner was required to lodge an account of election expenses

20.WP7871_2021.doc

within the prescribed period of one month from the date of

election. Such accounts were not submitted. Respondent no. 1

lodged complaint against the petitioner contending that the

petitioner stood disqualified under the provisions of Section 14B of

the Act. Accordingly, the proceedings were initiated before the

Collector, being Gram Panchayat Dispute No. 55 of 2021, which

came to be decided against the petitioner by an order passed by

the Collector dated 26 July, 2021. Considering the rival

contentions, learned Collector held the petitioner to be disqualified

under the provisions of Section 14B. Against such order passed by

the Collector, the petitioner has filed Statutory Appeal before the

Commissioner. He moved an interim application praying for stay of

the said order. By the judgment and order dated 24 August, 2021,

the said application for stay is rejected.

3. Having heard Mr. Joshi and learned AGP, what concerns Mr.

Joshi is the subsequent development which has taken place,

namely, steps being taken by the Election Commissioner to notify a

by-election. It is informed by Mr. Joshi that nominations to fill up

the vacancy are required to be filed by 6 th December and the

actual elections would be held on 21 December, 2021.

20.WP7871_2021.doc

4. In the aforesaid circumstances, in my opinion, as the appeal

filed by the petitioner is pending, it would be appropriate that the

Commissioner considers the petitioner's Appeal as expeditiously as

possible and decide the same by 15 December, 2021 positively.

This more particularly as a short issue is involved.

5. Needless to observe that in the meantime, if an election

process is being undertaken, it shall be subject to the outcome of

the Appellate proceedings as instituted by the petitioner.

6. All contentions of the parties in the pending appeal are

expressly kept open.

7. Disposed of in the above terms. No costs.

                                                                       (G.S.KULKARNI, J.)

         Digitally signed
         by VIDYA
VIDYA    SURESH AMIN
SURESH   Date:
         2021.11.24
AMIN     19:39:50
         +0530