Bombay High Court
Kadir Suleman Pathan vs The Collector, Aurangabad And ... on 31 January, 2022
Bench: S.V. Gangapurwala, S. G. Dige
266.22WP.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
76 WRIT PETITION NO.266 OF 2022
KADIR SULEMAN PATHAN
VERSUS
THE COLLECTOR, AURANGABAD AND OTHERS
...
Mr.Y.V. Kakade, Advocate for the petitioner
Mr.S.B. Yawalkar, AGP for the respondent/State.
Mr.R.V. Gore, advocate for respondent nos.2 and
3.
...
CORAM : S.V. GANGAPURWALA
AND
S.G. DIGE, JJ.
DATE : 31st JANUARY, 2022
PER COURT :-
1. We have heard learned advocate for the
petitioner and learned advocate for the
respondents.
2. Amongst other contentions one of the
contention of the petitioner is that respondent
no.2 herein has filed Election Petition thereby
challenging the election of the petitioner
bearing Election Petition No.4/2021. The same is
pending. One of the ground in the Election
Petition is that the petitioner has three
children but has shown only two children in the
nomination form. For the same purpose, respondent
nos.2 and 3 have also initiated the
disqualification proceedings purportedly under
266.22WP.odt
section 15 of the Maharashtra Village Panchayat
Act, 1958. The learned advocate for the
petitioner submits that two proceedings for the
same purpose and on the same grounds are not
tenable. The learned advocate for the petitioner
relies upon the following judgments :-
(i) 2007 AIR S.C.W. 602
(State of Himachal Pradesh and another
V/s Surinder Singh Banolta)
(ii) 2010(3) Mh.L.J. 281
(Shrikrishna Wasudeo Dhage V/s
Shivcharan Trimbakrao Kalne and others)
(iii) 2003 (Supp.2) Bom.C.R. 19
(Suvarna Prakash Patil V/s Anil Hindurao
Powar and others
(iv) The judgment and order dated
19.03.2019 passed by Division Bench of
this Court in Writ Petition
No.8674/2018.
3. Mr. Gore, learned advocate for the
respondent nos.2 and 3 submits that the Election
Petition is filed by the respondent no.2
basically on the ground that the petitioner has
shown incorrect properties. The reference is made
of the petitioner having three children only with
a view to bring to the notice of the Court
dealing with the Election petition that he is
proceeding against the respondent no.2 before the
Collector on the said ground.
4. Referring to the judgments cited by
266.22WP.odt
Shri Kakade, the learned counsel for the
petitioner, there is no iota of doubt that on the
same ground two proceedings would not be tenable.
5. The ground of challenge to the Election
petition is basically that the petitioner has
suppressed the properties i.e. all his assets and
liability and in sub para of para 4, it is
specifically averred that the election petitioner
would be filing the disqualification proceedings
before the Collector on the ground that the
present petitioner has three children born after
the cut of date. The said aspects certainly would
not be agitated by the respondent no.2 herein
before the Court dealing with the Election
petition. It was for the information purpose, the
present respondent no.2 had clarified in the
Election petition that as far as ground of
challenge to the extent that the present
petitioner has three children would be taken up
in the disqualification proceedings before the
Collector.
6. In the light of that, it cannot be said
that on the same ground dual proceedings are
taken up.
7. The learned counsel Shri Kakade submits
that the Collector is not affording the
opportunity of hearing to the petitioner to put
266.22WP.odt
forth his case. The Collector is dealing with the
disqualification proceedings affecting the rights
of the parties, in such event the appropriate
opportunity deserves to be granted to the
petitioner.
8. The petitioner may place on record the
additional documents and say if the petitioner so
chooses within a period of 10 days from today.
After the petitioner places additional documents
or say before the Collector, the Collector shall
after hearing the parties decide the said
disqualification proceedings on its own merits in
accordance with law and procedure.
9. Writ Petition is disposed of. No costs.
(S.G.DIGE, J.) (S.V. GANGAPURWALA, J.)
SGA
