LAWS(BOM)-2019-6-185

SAJJAD IBRAHIM MUKADAM Vs. DIVISIONAL COMMISSIONER

Decided On June 03, 2019
SAJJAD IBRAHIM MUKADAM Appellant
V/S
DIVISIONAL COMMISSIONER Respondents

JUDGEMENT

(1.) Rule. Rule made returnable with the consent of counsel appearing for the parties and petition is being heard finally.

(2.) This writ petition under Art. 226 and 227 of the Constitution of India is filed thereby taking an exception to the impugned order dated 29th March 2018 passed by the Respondent No.1- Divisional Commissioner, Konkan Division, Mumbai and also order dated 9th June 2017 passed by the Respondent No.2- The Collector, Ratnagiri.

(3.) It is the case of the petitioner that, General Election of Grampanchayat Mhapral, Tal. Mandangad, Dist. Ratnagiri were held on 23rd April 2015 and petitioner was elected as a member. The Tahsildar, Mandangad by way of letter dated 28th June 2016 called upon the petitioner to furnish election expenses. The petitioner submitted election expenses by way of filing an affidavit on 21st July 2016. The petitioner received the show cause notice dated 7th Dec. 2016 from the District Collector mentioning therein that the petitioner has furnished information in respect of election expenses belatedly and there is inordinate delay in submitting such election expenses. The petitioner submitted his reply on 15th Dec. 2016. By the impugned order dated 9th June 2017 the Collector disqualified the petitioner from continuing as a member of Mahapral Grampanchayat and also disqualified to contest election for member of the Grampanchayat for period of 5 years from the date of said order.