SUCHITA MURLIDHAR KEWATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties. The challenge in this petition is to the tenability of the proceedings before the Collector under section 14B of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as "the said Act") for disqualification of the petitioners on the ground that the petitioners have failed to lodge the election expenses within the prescribed limit. By the impugned order dated 16-4-2013, the Collector, Amravati, has held that he has jurisdiction under section 14B of the said Act to entertain, try and decide the question of disqualification of the petitioner from the membership of Gram Panchayat.

(2.) The respondent No. 4-Nitin Manikrao Dhole, filed an application under section 14B of the said Act before the District Collector, Amravati and registered as Application No. 1/BVP14(B)/Chincholi (Bk.) 12-13. The respondent No. 4 sought disqualification of the petitioners as the members of Gram Panchayat, for failure to lodge the election expenses within prescribed limit.

(3.) The question raised is of the competency of the Collector to entertain, try and decide the application for disqualification under section 14B of the said Act and to further pass an order under sub-section (2) of section 16 of the said Act to declare vacancy in the posts of members, Gram Panchayat, by holding them to be disqualified under Clause (j-4) of sub-section (1) of section 14 of the said Act.