Case Note & Summary
The petitioners, who were unsuccessful candidates in the Gram Panchayat election of Manjarsumba, challenged the election of respondent nos.1 to 6 on the ground that they failed to submit the affidavit along with the statement of election expenses within the prescribed period under the Maharashtra Village Panchayats (Election Expenses) Order, 2015. The election was declared on 18.01.2021. The respondents submitted their statement of election expenses on 17.02.2021, but the affidavit was sworn on 18.02.2021 and submitted on 22.02.2021. The petitioners argued that the affidavit should have been submitted along with the statement of expenses, and the delay invalidated the election. The respondents contended that the affidavit was submitted on the next working day after holidays (Shiv Jayanti on 19.02.2021, Saturday on 20.02.2021, and Sunday on 21.02.2021), and thus there was substantial compliance. The court observed that the requirement of filing an affidavit is directory and not mandatory, and that the election of the returned candidates should not be invalidated for a minor procedural delay. The court noted that the petitioners themselves had submitted their accounts on time but the affidavit was delayed, and they were not disqualified. The court held that the principle of substantial compliance applies, and the election petition was not maintainable. The court dismissed the petition with costs of Rs. 25,000 to be paid to the respondent nos.1 to 6, observing that the petitioners lacked sportsmanship and wasted the court's time.
Headnote
A) Election Law - Gram Panchayat Election - Election Expenses - Affidavit Requirement - Maharashtra Village Panchayats (Election Expenses) Order, 2015 - The petitioners challenged the election of respondent nos.1 to 6 on the ground that they failed to submit the affidavit along with the statement of election expenses within the prescribed period. The court held that the affidavit was sworn on 18.02.2021 and submitted on 22.02.2021, which was the next working day after holidays, and thus there was substantial compliance. The court dismissed the petition, observing that the election of the returned candidates should not be invalidated for a minor procedural delay. (Paras 3-5) B) Election Law - Gram Panchayat Election - Election Expenses - Substantial Compliance - The court emphasized that the requirement of filing an affidavit is directory and not mandatory, and that the election of the returned candidates should not be set aside for a technical breach. The court noted that the petitioners themselves had submitted their accounts on time but the affidavit was delayed, and they were not disqualified. The court held that the principle of substantial compliance applies, and the election petition was not maintainable. (Paras 4-6)
Issue of Consideration
Whether the failure to submit the affidavit along with the statement of election expenses within the prescribed period invalidates the election of the returned candidates.
Final Decision
The court dismissed the writ petition with costs of Rs. 25,000 to be paid to respondent nos.1 to 6.
Law Points
- Election expenses
- Affidavit requirement
- Substantial compliance
- Liberal interpretation
- Election petition
- Gram Panchayat
- Maharashtra Village Panchayats (Election Expenses) Order
- 2015
