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A.M.KHANWILKAR, C.T.RAVIKUMAR
Shobhabai Narayan Shinde – Appellant
Versus
Divisional Commissioner, Nashik – Respondent
JUDGMENT :
A.M. KHANWILKAR, J.
1. Leave granted.
2. The core issue in these appeals is: whether an appeal could be filed before the Divisional Commissioner against an order passed by the Collector under Section 14B(1) of the Maharashtra Village Panchayats Act, 19591 [for short “the 1959 Act”] declining to disqualify a Sarpanch/Member of the Panchayat for allegedly having failed to lodge an account of election expenses within the time and in the manner prescribed by the State Election Commission, without offering any good reason or justification for such failure?
3. Briefly stated, the appellants contested elections held in September, 2018 for electing a new Panchayat. The appellant in appeal arising out of SLP (C) No. 295/2021 had been directly elected as a Sarpanch of Village Panchayat, Kusumba, Taluka and District Dhule in the State of Maharashtra, from public, whereas, the appellant in appeal arising out of SLP (C) No. 451/2021 was elected as a member of the same Village Panchayat.
4. Respondent No. 2 filed two Dispute Applications being Nos. 10/2019 and 11/2019 in the office of respondent No. 5-Collector, seeking declaration under Section 14B(1) that the appellants herein stood disq
No appeal can be filed before Divisional Commissioner against an order passed by Collector under Section 14B(1) of Maharashtra Village Panchayats Act, 1959, declining to disqualify a Sarpanch/Member ....
The main legal point established in the judgment is the timely submission of election expenses and the jurisdiction of the Divisional Commissioner in setting aside the District Collector's disqualifi....
When the legislature in its wisdom has in a plain language vested a power under Sub Section 2 either to remove the disqualification or to reduce its quantum, as is imposed under Sub Section 1, it can....
The main legal point established in the judgment is the requirement for the Election Commission's satisfaction under Section 14B of the Maharashtra Village Panchayat Act, 1959, and the need for stric....
The court established that the Additional Commissioner retains the authority to hear appeals under the Maharashtra Village Panchayats Act despite amendments, due to valid delegation of powers.
Disqualification under Section 14(1)(d) of the Panchayats Act applies automatically post-removal under Section 39, upheld by the court highlighting the legal effects of interim orders.
The duty of the Collector to conduct a proper inquiry and decide on disqualification within a specified time frame, following the principles of natural justice and fair play.
Fraud and misrepresentation invalidate legal actions and judgments, and the court has the authority to set aside orders obtained by fraud.
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