IMPORTANT POINT
The court established that the Additional Commissioner retains the authority to hear appeals under the Maharashtra Village Panchayats Act despite amendments, due to valid delegation of powers.

JUDGMENT :

ANIL L. PANSARE, J.

1. Rule. Rule is made returnable forthwith. Heard finally with consent of learned counsel for the parties.

2. Respondent No. 2, in each petition, suffered disqualification under Section 14(1)(h) of the Maharashtra Village Panchayats Act, 1958 (hereinafter referred to as the “Act of 1958”) for failure to pay taxes due to the Gram Panchayat within three months from the date on which the amount of taxes was demanded. The Collector, Chandrapur, on 10.10.2022, passed order of disqualification. The order of Collector was successfully challenged in terms of Section 16(2) of the Act of 1958. Thus, the Additional Commissioner, vide orders dated 18.01.2023, set aside the order passed by the Collector. These orders have been challenged in the present petitions.

3. It is the contention of the petitioners that in terms of Section 16(2) of the Act of 1958, the appeal lies before the Commissioner, however, in the present case, the appeal has been entertained by Additional Commissioner. According to petitioners, the impugned orders are, therefore, without an authority and are unsustainable in the eyes of law.

4. Thus, the question involved in these petitions is, whether the Additional Commissioner is/was empowered to entertain the appeal in terms of Section 16(2) of the Act of 1958. Section 16(2) reads thus:

“16. Disability from continuing as member:

(1)...........

(2) If any question whether a vacancy has occurred under this section is raised by the Collector suo motu or an application made to him by any person in that behalf, the Collector shall decide the question as far as possible within sixty days from the date of receipt of such application. Until the Collector decides the question, the member shall not be disabled under sub-section (1) from continuing to be a member. Any person aggrieved by the decision of the Collector may, within a period of fifteen days from the date of such decision, appeal to the Commissioner, and the orders passed by the Commissioner in such appeal shall be final:

Provided that, no order shall be passed under this sub-section by the Collector against any member without giving him a reasonable opportunity of being heard.”

5. Section 16(2) of the Act of 1958 was amended on 19.07.2018 and the words, “State Government” were replaced by “Commissioner.” Thus, prior to 19.07.2018, the appeal under Section 16(2) would lie before the State Government.

6. Learned Government Pleader has invited my attention to the Government notification dated 20.04.1977 which indicate that the State Government, in exercise of powers under Section 182 of the Act of 1958, had delegated its power to the Commissioner vide notification dated 08.12.1970. The State Government in exercise of powers conferred under Section 13(3) of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as “MLR Code”) has then, vide aforesaid notification dated 20.04.1977, delegated powers of the Commissioner to the Additional Commissioner. Accordingly, for all these years, the powers delegated by the State Government to the Commissioner to deal with the matters under various provisions, including Section 16(2) of the Act of 1958, were exercised by the Additional Commissioner within his jurisdiction. He submits that the amendment to Section 16(2) of the Act of 1958 will not take away the powers so delegated to the Additional Commissioner.

7. The effect of delegation of powers under the MLR Code has been considered by the Division Bench of this Court in the case of Vimal Bhimrao Rathod Vs. State of Maharashtra and Ors. 2009 (3) Mh. L.J. 546. A reference was made to the Division Bench to consider, “Whether Additional Commissioner is legally competent to exercise appeal powers under Section 16(2) of the Act of 1958.” The Division Bench referred to the provisions of the Act of 1958, the notification dated 20.09.1977 issued by the State Government and Section 13 of the MLR Code and observed thus:

“13. Plain reading of provisions of sub-sectio