MANDA ASHOK SONUNE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) The petitioner is aggrieved by the order passed by the Additional Commissioner dated 25/10/2017 in the appeal filed by her rejecting the dispute that was filed under provisions of Section 29(3) of the Maharashtra Village Panchayats Act, 1959( for short, the said Act).

(2.) The petitioner was elected as Sarpanch on 31/08/2015. It is the case that she had tendered her resignation from the post of Sarpanch on 08/08/2017. The resignation was accepted in the meeting of the Gram Panchayat that was held on 10/08/2017. On getting knowledge of these developments the petitioner on 04/09/2017 filed a dispute under Section 29(3) of the said Act. The Collector by order dated 13/09/2017 did not entertain the dispute on the ground that the said dispute was filed beyond the period of limitation. Being aggrieved the petitioner filed an appeal before the Additional Commissioner. By the impugned order the Additional Commissioner dismissed the appeal by observing that it was not necessary to interfere with the impugned order passed by the Collector.

(3.) Shri S. D. Chopde, learned counsel for the petitioner submitted that the dispute was filed within a period of seven days from getting knowledge of the fact that it was shown that the petitioner had resigned from the post of Sarpanch. He referred to the application for condonation of delay that was filed along with the dispute to urge that the limitation ought to be reckoned from the date when the petitioner got knowledge of the same. According to him the petitioner got knowledge about the aforesaid aspect on 02/09/2017 and as the dispute was filed on 04/09/2017 it was within limitation. Placing reliance on the judgment of the Honourable Supreme Court in Ramesh B. Desai and ors. v. Bipin Vadilal Mehta and ors . AIR 2006 SC 3672 it was urged that if on account of alleged fraud the party does not have knowledge about the action that is intended to be challenged, the limitation would commence from the date of getting knowledge of the same.