Home » Shobhabai Narayan Shinde v. Divisional Commissioner, Nashik Division

Shobhabai Narayan Shinde v. Divisional Commissioner, Nashik Division

Election Law – Village Panchayats Act, 1959 (Maharashtra) – Ss. 10 A (2), 14 B (1), 16 (2) – Disqualification by State Election Commission – Disability from continuing as member – Divisional Commissioner had no jurisdiction to entertain the appeal against the order of the Collector under Section 14B(1).

Question of Law

Whether an appeal could be filed before the Divisional Commissioner against an order passed by the Collector under Section 14B(1) of the Maharashtra Village Panchayats Act, 1959, declining to disqualify a Sarpanch/Member of the Panchayat for allegedly having failed to lodge an account of election expenses within the time and in the manner prescribed by the State Election Commission, without offering any good reason or justification for such failure ?

No remedy of appeal is envisaged against an order of the State Election Commission or its delegatee – the Collector, under Section 14B(1), rejecting the complaint or to drop the proceedings for declaration of a Sarpanch/Member having incurred disqualification. That order becomes final and if passed by the Collector as the delegatee, is deemed to have been passed by the State Election Commission itself. Even the State Election Commission cannot step in thereafter in any manner much less in the guise of reconsideration or review of such order. It must follow that the Divisional Commissioner would have no jurisdiction (ab initio) to entertain assail to such an order of the Collector. [Para 21]

Case Law Reference

  1. Suchita Murlidhar Kewati (Sarpanch) v. State of Maharashtra, 2013 (6) Mh.L.J. 414

Case Number : Civil Appeal No. 55 of 2022 (Arising Out of S.L.P. (Civil) No. 295 of 2021) with Civil Appeal No. 56 Of 2022 (arising Out Of S.l.p. (civil) No. 451 Of 2021)

CORAM : HON’BLE MR. JUSTICE A.M. KHANWILKAR HON’BLE MR. JUSTICE C.T. RAVIKUMAR

For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR Mr. Shirish K. Deshpande, Adv. Mr. Sachin Patil, AOR

Case Link : https://pdf.caselaw.in/sc/2022/01/1100/

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