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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SANDEEP V. MARNE, J.
Smt. Jijabai Mukaji Gathari – Appellant
Versus
The State of Maharashtra – Respondent
Writ Petition No.4969 of 2022
Decided on : 14-10-2022
Election Expenses - Maharashtra Village Panchayat Act, 1959 - Section 14B - [14B] - The court discussed the provisions of Section 14B of the Maharashtra Village Panchayat Act, 1959, which deals with the disqualification of a candidate for failing to lodge an account of election expenses within the time and in the manner required by the State Election Commission. The court highlighted the requirement for the Election Commission's satisfaction and the discretionary power to remove disqualification under the said section. The court also emphasized the need for strict adherence to the safeguards provided under the statute before removing an elected member from office.
Fact of the Case:
The petitioner challenged the order rejecting the complaint seeking disqualification of respondent no.4 under Section 14B of the Maharashtra Village Panchayat Act, 1959, based on the respondent's failure to submit total election expenses and affidavit through offline mode within the prescribed time limit.
Finding of the Court:
The court found that the Collector did not reach a satisfaction that the respondent failed to submit the election expenses as required, and there was a factual dispute regarding the submission of total expenses and affidavit within the mandatory period. The court held that the petitioner's insistence on disqualifying the respondent in the absence of the Collector's satisfaction and in the light of disputed questions of fact was not justified.
Issues: The issues revolved around the mandatory requirements for submission of election expenses, the discretionary power to remove disqualification, and the need for strict adherence to the safeguards provided under the statute before removing an elected member from office.
Ratio Decidendi: The court emphasized the requirement for the Election Commission's satisfaction under Section 14B, the discretionary power to remove disqualification, and the need for strict adherence to the safeguards provided under the statute before removing an elected member from office.
Final Decision: The court dismissed the writ petition, finding no error in the Collector's rejection of the petitioner's complaint.
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 / Municipal Commissioner or to an Officer authorized by them not less than the rank of Tasildar / Assistant Municipal Commissioner, and to take acknowledgment for the same.
3. The documents as given in above 2 (a) and (b) shall be submitted in the standard formats as are prescribed by the Commission vide its order dated 25.10.2016.
4. The daily expenses can be submitted by two options (i) Online through software application developed by Commission, or (ii) Offline, through a hard copy submitted to the Returning Officer.
5. Total expenses of elections and the affidavit shall be submitted offline, through a hard copy downloaded through the software application.’
4. Thus, as per the order issued by the State Election Commission, the candidate is required to submit daily account of election expenses from the date of nomination till the date of results. Additionally, at the end of the election process, the candidate is also required to submit the total account of election expenses within 30 days from the date of result along with an affidavit. While the daily election expenses can be submitted through online mode, the total election expenses and affidavit are required to be submitted only by way of a hard copy by offline mode.
5. The complaint of the petitioner is that the respondent no.4 has failed to submit the total election expenses along with an affidavit through offline mode on or before 17.02.2021. The same was submitted by her firstly on 25.02.2021 and latter on 10.03.2021. She therefore sought disqualification of respondent no.4 under the provisions of Section 14B of the Act of 1959. By the order impugned in present petition, the Collector Dhule has proceeded to reject the complaint of the petitioner.
6. Mr. Pawar, the learned counsel for the petitioner submits that the provisions of the Election Order issued by the State Election Commission are mandatory and any violation thereof would result in disqualification of candidates under Section 14B of the Act of 1959. He further submits that the Collector has erred in rejecting the complaint only on the basis of the finding that the respondent no.4 had submitted daily expenses through online mode. He submits that the mandatory condition of submission of total expenses within 30 days along with an affidavit has been ignored by the Collector while rejecting the complaint. In support of his contentions, Mr. Pawar relies upon decisions of this Court in Bhimraj Namdeo Chattar vs. The Additional Divisional Commissioner, Nashik, Writ Petition No. 12200 of 2021 decided on 07.09.2022 and Laxmibai Pralhad Hatkar vs. The Collector, Nanded and Others, Writ Petition No.13642 of 2018 decided on 10.12.2018.
7. Per contra, Mr. Kulkarni, the learned counsel appearing for respondent no.4 opposes the petition. He submits th
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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