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SANDEEP V. MARNE
Jijabai Mukaji Gathari – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT:
Rule. It is made returnable forthwith. Mr. G.O. Wattamwar, learned AGP and Mr. Mukul S. Kulkarni, learned advocate waive service on behalf of respective respondents.
2. The present petition is filed challenging the order dated 14.03.2022 passed by the Collector, Dhule rejecting petitioner’s complaint seeking disqualification of respondent no.4 under the provisions of Section 14B of the Maharashtra Village Panchayat Act, 1959 (hereinafter referred to as the ‘Act of 1959’).
3. The elections to the village panchayat were held on 15.01.2021 and the result was declared on 18.01.2021. As per the ‘Order no.4 on Election Expenses’ dated 07.09.2021 issued by the State Election Commission, the following mandatory directions were issued:
(a) From the date of nomination, daily account of election expenses to the Returning Officer on every next day before 2 p.m. till the publication of the results in the official gazette; and
(b) Total account of election expenses within 30 days from declaration of result and Affidavit regarding submission of true election expenses within 30 days from declaration of result, to Collector
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....
The disqualification for non-submission of election expenses must be reconsidered if proper justification exists.
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 ....
Election - Tendering election expenses - Exemption of - It would not be that expenses for election would be only when there would be a contest in elections. It cannot be said in all cases that there ....
Mandatory duty to submit election expenses within prescribed time under Section 16-B and consequences of failure under Section 16-C of the Karnataka Municipalities Act, 1964.
The mandatory nature of Section 10(1-A) of the Maharashtra Village Panchayats Act, 1959, and the retrospective termination of the election as per the statute, emphasizing the statutory limitations on....
Minor delays in submitting election expenses can be condoned if caused by sufficient reasons, and the impact of external factors, such as the Covid-19 pandemic, should be considered in such cases.
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