Rule, made returnable forthwith.

Heard the matter finally by consent of the learned counsels appearing for the parties

2. The challenge in this petition is to the tenability of the proceedings before the Collector under Section 14B of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as "the said Act") for disqualification of the petitioners on the ground that the petitioners have failed to lodge the election expenses within the prescribed limit. By the impugned order dated 16.04.2013, the Collector, Amravati, has held that he has jurisdiction under Section 14B of the said Act to entertain, try and decide the question of disqualification of the petitioner from the membership of Gram Panchayat.

3. The respondent no. 4 - Nitin Manikrao Dhole, filed an application under Section 14B of the said Act before the District Collector, Amravati and registered as Application No. 1/BVP-14( B)/Chincholi (Bk.) 12-13. The respondent no. 4 sought disqualification of the petitioners as the members of Gram Panchayat, for failure to lodge the election expenses within prescribed limit.

4. The question raised is of the competency of the Collector to entertain, try and decide the application for disqualification under Section 14B of the said Act and to further pass an order under sub-section (2) of section 16 of the said Act to declare vacancy in the posts of members, Gram Panchayat, by holding them to be disqualified under Clause (j-4) of sub-section (1) of Section 14 of the said Act.

5. It is urged by Shri Vaishnav, the learned counsel for the petitioners that unless there is an order of the State Election Commission passed under Section 14B of the said Act, the Collector has no jurisdiction to pass an order of disqualification of the petitioner under clause (j-4) of sub-section (1) of Section 14 of the said Act in exercise of its power under Section 16 of the said Act, and to declare the vacancies in the post of the members, Gram Panchayat.

6. Section 14B of the said Act being relevant, is also reproduced below

"14B. Disqualification by State Election Commission.- (1) If the State Election Commission is satisfied that a person, -(a) has been failed to lodge an account of election expenses within the time and in the manner required by the State Election Commission, and

(b) has no good reason or justification for such failure,

the State Election Commission may, by an order published in the Official Gazette, declare him to be disqualified and such person shall be disqualified for being a member of panchayat or for contesting an election for being a member for a period of five years from the date of this order.

(2) The State Election Commission may, for reasons to be recorded, remove any disqualification under sub-section (1) or reduce the period of any such disqualification.

Thus, the disqualification under sub-section (1) of Section 14B is one where a person has failed to lodge an account of election expenses within the time and in the manner required by the State Election Commission, which is alleged against the petitioner. It is the State Election Commission, which is competent to pass an order of disqualification covered by this provision.

7. It is not in dispute that Section 10A of the said Act confers a power upon the State Election Commissioner under sub-section (2) thereof to delegate any of his powers and functions to any officer of the Commission or any officer of the State Government not below the rank of Tahsildar. A copy of notification dated 19th November, 2010, is produced on record, issued by the State Election Commission in exercise of its powers under sub-section (2) of Section 10A, delegating its powers under Section 14B of the said Act upon the Collector of the District. Thus, it is the Collector of the District who is competent to exercise the powers of the State Election Commission under Section 14B of the said Act.

8. The provision of disqualification under clause (j-4) of sub-section (1) of Section 14 of the sa