GULABRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties. This Writ petition has been filed for the following main reliefs :- (B) By way of appropriate writ, order or directions in the like nature, the Hon'ble Court may kindly quash and set aside impugned judgment and order dtd. 15/07/2020 passed by the Collector, Dhule in Appeal No.06/2020 as well as the impugned judgment and order dtd. 28/08/2020 passed by the ld. Divisional Commissioner, Nashik Division, Nashik in Appeal No.05/2020, as the same are in violation of the directions issued by the Hon'ble Supreme Court of India in the judgment and order dtd. 14/02/2020. (D) By way of appropriate writ, order or directions in the like nature, the Hon'ble Court may kindly direct the respondent authorities to allow the petitioner to resume his office on the post of Sarpanch of Mukti Village Panchayat, as the disqualification of the petitioner is set aside by the Hon'ble Supreme Court of India vide judgment and order dtd. 14/02/2020. FACTS :-

(2.) The elections of Panchayat Samiti, Dhule were held on 1/12/2013. The petitioner was one of the contestants in the said election. He was not elected. The petitioner was required to give election expenses within a time-frame in the manner prescribed by the State Election Commission in terms of Sec. 15-B of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short, Act of 1961). As the petitioner did not submit the accounts of election expenses, he was given a notice to show cause why he should not be disqualified for the next five years. The petitioner submitted his reply late. It was his explanation that due to his ill health, he could not furnish account of expenses incurred. The Collector, Dhule, vide order dtd. 3/11/2014, disqualified the petitioner for contesting elections for a period of five years. The appeal preferred by the petitioner was dismissed by Divisional Commissioner in December 2017. In the interregnum, the elections of Grampanchayat of Village Mukti were held. The petitioner got elected to the post of Sarpanch. The respondent No.5 herein raised objection to the petitioner's nomination. The Returning Officer rejected the same. In view of the Returning Officer, the disqualification would be applicable only for the elections of Zilla Parishad and Panchayat Samiti and not for elections of Grampanchayat.

(3.) The petitioner had filed Writ petition No.3846/2018 taking exception to the order of the Divisional Commissioner, confirming the order of the Collector, dtd. 3/11/2014. The respondent No.5 filed the Writ Petition challenging the order of the Returning Officer rejecting his objection to the nomination of the petitioner to the post of Sarpanch. The respondent No.6 filed Writ Petition taking exception to the election of the petitioner as a Sarpanch of the village Mukti. All the three Writ Petitions were decided by this Court by common judgment and order dtd. 24/7/2019. This Court held the petitioner's election as Sarpanch of the village to be void ab initio. The petitioner challenged the said order in Special Leave Petition before the Supreme Court.