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2015 Supreme(Bom) 371

M.S.SONAK
Shakti Balkrishna Mhatre – Appellant
Versus
Returning Officer, Panchayat Vindhane – Respondent


Advocates Appeared:
Mr. C.G. Gavnekar for the Petitioner.
Ms. Aparna Vhatkar, A.G.P. for Respondent Nos. 6 and 8.
Mr. Sachindrqa Shetye for Respondent No. 7.
Mr. Rahul More for Respondent Nos. 2 to 4.

JUDGMENT

M.S. SONAK, J.

1. This petition challenges the order dated 12th November, 2014 made by the Additional Collector, Raigad declining to disqualify respondent nos. 2, 3 and 4 in exercise of powers delegated to him in terms of section 14B(1) of the Maharashtra Village Panchayat Act, 1959 (Said Act).

2. In this case, elections to the Gram Panchayat took place on 22nd December, 2013 and results were declared on 23rd December, 2013. In terms of the circulars issued by the State Election Commission, the account of election expenses have to be lodged by the candidate within a period of one month from the date of declaration of the results which period in the present case, would expire on 23rd January, 2014. Respondent nos. 2, 3 and 4 lodged account of election expenses on 6th February, 2014 i.e. after the delay of about 15 days or thereabouts.

3. It is the case of the petitioner that the Additional Collector has no power to condone the delay in lodging of account of election expenses and in any case such condonation is not permissible in the proceedings initiated by the petitioner seeking disqualification of the said respondents. The impugned order dated 12th November, 2014, which ha














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