BALASAHEB KASHINATH TAMBE Vs. NANASAHEB JANARDHAN KHADE

JUDGEMENT

(1.) THE petitioners are elected as members of the Gram Panchayat Lakh.

(2.) THE respondent No. 1 filed a complaint bearing dispute Application No. 82/2011 and 81/2011 before the Additional Collector seeking disqualification of the petitioners for not submitting the election expenses within one month as contemplated U/Sec. 14 B of the Bombay Village Panchayat Act (hereinafter called as "Panchayat Act" for the sake of brevity). The Collector, allowed the said dispute and disqualified the petitioners on the ground of non submission of particulars of expenses within one month. The petitioners filed appeals before the Divisional Commissioner. The Divisional Commissioner dismissed the said appeals. Aggrieved thereby present petition.

(3.) MR . Karpe, the learned counsel for petitioners in his usual lucid manner submits that, the Additional Collector did not get the jurisdiction to entertain the dispute U/Sec. 14 B read with Sec. 14(1 J)(4) of the Panchayat Act. The powers under the said sections could only be exercised by the State Election Commissioner and not the Collector. As the proceedings are without jurisdiction, the orders passed therein are nullity. According to the learned counsel, the authorities have not considered the said aspect. Sec. 182 of the Panchayat Act deals with delegation of powers. The State Government can delegate its powers only to the Commissioner. The State Government does not have any jurisdiction to delegate the powers to the Collector. U/Sec. 10 A of the Panchayat Act, the authority given to the State Election Commissioner to delegate its powers to any officer not below the rank of Tahsildar would be subject to Sub section 1 of Sec. 10 A of the Panchayat Act. Sec. 10 A(2) cannot be read in isolation and same is controlled by sub Sec. 1 of Sec. 10 A of the Panchayat Act. Only powers of superintendence, direction and control of preparation of electoral roll and conducting of all elections of panchayat can be delegated by the State Election Commission to the Collector.