Bombay High Court
Smt. Shakuntala Namdeo Rathod vs The Tahasildar, Barshi, Solapur And Ors on 7 September, 2018
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
WP 6982-18.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6982 OF 2018
Smt. Shakuntala Namdeo Rathod .Petitioner
Vs.
The Tahsildar, Barshi, District - Solapur & ors. .Respondents
Mr. S. R. Pawar, Advocate, for the Petitioner
Mr. S. D. Rayarikar, AGP, for the Respondent - State
Mr. G. Savagave, Advocate, for the Applicant in C. A. (ST) No.
26000 of 2018
CORAM : REVATI MOHITE DERE, J.
DATE : 07.09.2018
P.C.
. Heard learned counsel for the parties.
2. At the outset, learned counsel for the Petitioner seeks leave to amend to implead Samadhan Bharat Pawar as party Respondent No. 5. Leave granted. Amendment to be carried out forthwith.
3. By this Petition, the Petitioner has impugned the Order dated 21.03.2018 passed by the Additional Commissioner, Pune 1 of 4 ::: Uploaded on - 10/09/2018 ::: Downloaded on - 11/09/2018 00:52:55 ::: WP 6982-18.doc Division, Pune in Appeal No. 38 of 2016, by which the learned Commissioner was pleased to dismiss the Appeal preferred by the Petitioner and as such, was pleased to confirm the Order dated 30.04.2016 passed by the Respondent No. 2, disqualifying the Petitioner under Section 14B of the Village Panchayat Act, 1958, for non submitting of statement of expenses within the stipulated period.
4. Learned counsel for the Petitioner submitted that the Petitioner had filed nomination from two wards i. e. Ward No. 1 and Ward No. 3 from village - Tambewadi, Taluka - Barshi, District - Solapur, for contesting the Grampanchayat elections for the period 2015-2020. Learned counsel for the Petitioner submits that the Petitioner was declared elected from Ward No. 1 and was defeated from Ward No. 3. He submits that it is not in dispute and the same is confirmed by the learned AGP on instructions that the statements of expenses were filed well within time by the Petitioner from Ward No. 1. It appears that as the Petitioner had not filed her statement of expenses from Ward No. 3 within the stipulated period after her defeat from the said Ward, the 2 of 4 ::: Uploaded on - 10/09/2018 ::: Downloaded on - 11/09/2018 00:52:55 ::: WP 6982-18.doc Petitioner was declared to be disqualified under Section 14B r/w 260 of the Village Panchayat Act, 1958 from Ward No. 1, where she had filed the statement of expenses well within time. Learned counsel for the Petitioner submits that there is no provision / notification / clarification / G. R. contemplating such a situation.
5. As noted above, the Petitioner had filed her statement of expenses within the stipulated period from Ward No. 1 where she was elected, however, despite the same, she came to be disqualified from Ward No. 1, as she had not filed statement of accounts within the stipulated period from Ward No. 3. As noted above, no provision / notification / clarification / G. R. has been pointed out, which shows that a candidate can be disqualified in these circumstances i. e. merely because a candidate had failed to file the statement of accounts from a Ward from where the candidate was defeated when in fact, the candidate had filed statement of expenses well within the stipulated period from where the candidate was elected.
6. Having regard to the aforesaid, it is necessary to stay 3 of 4 ::: Uploaded on - 10/09/2018 ::: Downloaded on - 11/09/2018 00:52:55 ::: WP 6982-18.doc the effect, execution, implementation and operation of the impugned Order dated 21.03.2018 passed by the Additional Commissioner, Pune Division, Pune in Appeal No. 38 of 2016 as well as the Order dated 30.04.2016 passed by the District Collector, Solapur, until further orders.
7. Stand over to 03.10.2018 at 4.00 p. m..
8. It is made clear, that an endeavour shall be made to dispose off the Petition finally at the stage of admission.
All concerned to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.) 4 of 4 ::: Uploaded on - 10/09/2018 ::: Downloaded on - 11/09/2018 00:52:55 :::