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2014 Supreme(Bom) 373

S.V.GANGAPURWALA
Balasaheb Kashinath Tambe – Appellant
Versus
Nanasaheb Janardhan Khade – Respondent


Advocates:
Advocate Appeared
For the Petitioners:R.R. Karpe, Advocate.
For the Respondents:R1, R2, B.G. Sagade Patil, Advocate, V.P. Kadam, A.G.P.

Judgment :

Per Court:

1. The petitioners are elected as members of the Gram Panchayat Lakh.

2. The respondent No. 1 filed a complaint bearing dispute Application No. 82/2011 and 81/2011 before the Additional Collector seeking disqualification of the petitioners for not submitting the election expenses within one month as contemplated U/Sec. 14-B of the Bombay Village Panchayat Act (hereinafter called as "Panchayat Act" for the sake of brevity). The Collector, allowed the said dispute and disqualified the petitioners on the ground of non submission of particulars of expenses within one month. The petitioners filed appeals before the Divisional Commissioner. The Divisional Commissioner dismissed the said appeals. Aggrieved thereby present petition.

3. Mr. Karpe, the learned counsel for petitioners in his usual lucid manner submits that, the Additional Collector did not get the jurisdiction to entertain the dispute U/Sec. 14-B read with Sec. 14(1-J)(4) of the Panchayat Act. The powers under the said sections could only be exercised by the State Election Commissioner and not the Collector. As the proceedings are without jurisdiction, the orders passed therein are nullity. According to






































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