The judgment clarified that the provisions applicable to a Government Servant do not automatically apply to the post of Police Patil, and being a member of a village level society for the welfare of agriculturists does not amount to political activity and therefore does not disqualify a candidate from the post of Police Patil.

S. V. GANGAPURWALA, J.

The present petitioner had filed Original Application No. 145 of 2013, before the Maharashtra Administrative Tribunal, Aurangabad, seeking declaration that respondent-Dagu s/o Mohan Gudhage is not qualified for the post of Police Patil of village Sonewadi, Taluka Kopergaon, District Ahmednagar with further direction that the respondent No. 1 be directed to appoint the petitioner as Police Patil in place of respondent No. 4-Dagu s/o Mohan Gudhage. The Tribunal rejected the said original application. Aggrieved by the same, the present petition is filed.

2. Mr. Thorat, learned counsel for the petitioner during the course of his arguments, strenuously canvassed the following propositions :

A. respondent-Dagu s/o Mohan Gudhage is a member of political party and he is participating in day to day activities of Congress party. The said respondent had contested the elections of a village level Vividh Karyakari Society and is involved in political activities. The said election is for a period of 2010-11 to 2015-16. According to the learned counsel, as the said respondent is involved in political activities therefore is ineligible for the post of Police Patil. The learned counsel relies on the judgment of the Division Bench of this Court in a case of Shriram s/o Dattu Bhoyar vs. Ashok s/o Kashinath Raut and another. B. The learned counsel also relies on Rule 5 of the Maharashtra Civil Services (Conduct) Rules 1979 (hereinafter referred to as "the Conduct Rules, 1979"), to state that a Government Servant cannot be a member of, nor can be associated with any political party, or any organization, which takes part in politics nor can subscribe in aid of or assist in any other manner in political movement or activity. As the respondent No. 4 herein had participated in the election of Vividh Karyakari Society, the respondent No. 4 is disqualified. C. The post of Police Patil is a civil post and a person holding the post of Police Patil cannot take active part in politics and elections.

3. Mr. Dighe, learned counsel for respondent No. 4 submits that the respondent No. 4 had never taken part in any political activity. The status of Police Patil cannot be equated with the salaried employee of a Government institution. The Vividh Karyakari Society is a village level society, which does not indulge in politics. It is only meant for the betterment of farmers. The learned counsel relies on the judgment of the learned Single Judge of this Court in a case of Manohar s/o Ganpatji Singanjude vs. Returning Officer Bhandara District Milk Producers Federation and others, reported in 2000 (4) Mh.L.J. 488 = 2000 (4) ALL MR 842.

4. The learned counsel further states that the respondent No. 4 is not associated with any political party nor at any point of time contested the elections as a candidate of any political party.

5. Mr. Thorat, learned counsel states that the judgment of the Division Bench of this Court in the case of Shriram s/o Dattu Bhoyar (supra) is per incuriam as has not considered the judgment of the learned Single Judge of this Court in the case of Manohar s/o Ganpatji Singanjude (supra) and also the relevant provisions involved in the matter. The learned counsel relies on the judgment of the Apex Court in a case of Madhya Pradesh Rural Road Development Authority and another vs. L. G. Chaudhary Engineers and Contractors, reported in (2012) 3 SCC 495.

6. We have considered the submissions canvassed by the learned counsel for the respective parties. Before we proceed to deal with the submissions canvassed by the learned counsel for the respective parties, it would be appropriate to refer to the relevant provisions necessary for deciding the present matter.

7. Rule 1 (3), Rule 5 and Rule 16 of the Conduct Rules, 1979, read as under:

"1. Short title, application and saving. - (3) Except as otherwise provided by or under these rules, these rules (and also any rules and orders in relation to matters covered by these rules duly