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Savitribai Kisan Shinde vs The Additional Divisional ... on 14 February, 2018
In the case of Savitribai Kisan Shinde Vs. The Additional
Divisional Commissioner, Aurangabad 2018 MhL.J. Online 26 , this
Court held that mere failure to submit the accounts would not ipso
facto lead to disqualification if such a candidate tenders an
explanation under Section 14-B (1)(b). Such an explanation will have
to be considered, considering the reasons assigned and the fact that
the majority vote elects such candidates, and they cannot be
disqualified at the mere askance. The Collector and the Commissioner
have discussed the case of the petitioners and the respondents. The
Commissioner held that the delay in submitting the affidavit was
141-wp-8612-2022.odt
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caused by sufficient reason. The respondents have produced the
evidence to that effect; hence, they would not be disqualified. It
appears prima facie that they did not commit the deliberate delay.
This indicates that the Additional Commissioner bear in mind that the
delay could be considered for sufficient reasons. The Collector has
also considered that the delay was caused for the just and proper
reasons. Both authorities appear to have applied the mind while
accepting the respondents' contention.
Shaikh Nisar Ibrahim vs The State Of Maharashtra And Others on 21 September, 2018
13. The discussion made above leads this Court to record the
finding that it was a delay of one day only. It was not deliberate. The
reasons were plausible. Both authorities have correctly considered the
same. The ratio of the Shaikh Nisar (supra) is squarely applied to the
case at hand. The candidates who were democratically elected could
not be sent back for such a small delay, which was beyond their
control. Both impugned orders are free from infirmities and
illegalities and do not warrant interference at the hands of this Court.
Hence, the petition stands dismissed.
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