SHOBHABAI NARAYAN SHINDE Vs. DIVISIONAL COMMISSIONER, NASHIK DIVISION

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. The learned advocates for the respective respondents waive service. With the consent of the both the sides, the matters are heard finally at the stage of admission.

(2.) The question that arises in these petitions is as to if a Commissioner has the jurisdiction to entertain an appeal under Section 16(2) of the Maharashtra Village Panchayats Act, 1959 (herein after the Act) against an order of a Collector refusing to disqualify a Member/Sarpanch under Section 14B of the Act ?

(3.) The facts leading to such a dispute arise can be summarized as under: (a) The petitioners were elected unopposed as member of the Village Panchayat, Kusumba in the elections held in September 2013. The first meeting of the Panchayat was held on 08.02.2014. Since the tenure of the term was to come to an end, before such expiry of the term, an election was held in September 2018 for electing a new Panchayat. In such election, the petitioner in Writ Petition No.9244 of 2019 was directly elected as a Sarpanch from public whereas the petitioner in Writ Petition No.9245 of 2019 was elected as a Member.