Case Note & Summary
The petitioner, Smt. Jijabai Mukaji Gathari, filed a writ petition challenging the order dated 14.03.2022 passed by the Collector, Dhule, rejecting her complaint seeking disqualification of respondent no.4, Pooja Dipaksing Pardeshi, under Section 14B of the Maharashtra Village Panchayat Act, 1959. The elections to the village panchayat were held on 15.01.2021 and the result was declared on 18.01.2021. The State Election Commission issued an order dated 07.09.2021 regarding election expenses, requiring contesting candidates to submit daily accounts of election expenses to the Returning Officer on every next day before 2 p.m. till the publication of results, and to submit a total account of election expenses within 30 days from the declaration of result along with an affidavit. The petitioner alleged that respondent no.4 failed to submit both the daily accounts and the total account within the prescribed time, thereby violating the Commission's order and attracting disqualification under Section 14B. The Collector rejected the complaint on the ground that the Commission's order was issued after the election result was declared and thus did not apply to the election in question. The High Court, however, held that the order dated 07.09.2021 was issued before the expiry of the 30-day period for submitting the total account (which ended on 17.02.2021) and therefore applied to the election. The court noted that respondent no.4 had not submitted the daily accounts at all and had submitted the total account only on 22.09.2021, well beyond the 30-day period. The court found that the Collector's reasoning was erroneous and that the failure to comply with the Commission's directions constituted a clear violation of Section 14B. The court allowed the petition, set aside the Collector's order, and directed the Collector to decide the disqualification complaint afresh in accordance with law, considering the violation as attracting disqualification.
Headnote
A) Election Law - Disqualification - Non-Submission of Election Expenses - Section 14B of Maharashtra Village Panchayat Act, 1959 - The petitioner sought disqualification of respondent no.4 for failing to submit daily and total election expense accounts as per the State Election Commission's order dated 07.09.2021 - The Collector rejected the complaint on the ground that the order was issued after the election result was declared - The High Court held that the order applied to the election in question as it was issued before the expiry of the 30-day period for submitting total accounts, and the respondent's failure to comply was a clear violation - Held that disqualification under Section 14B is attracted for non-compliance with lawful directions regarding election expenses (Paras 2-8).
Issue of Consideration
Whether the failure to submit daily and total election expense accounts within the prescribed time under the State Election Commission's order dated 07.09.2021 attracts disqualification under Section 14B of the Maharashtra Village Panchayat Act, 1959.
Final Decision
The High Court allowed the writ petition, set aside the order dated 14.03.2022 passed by the Collector, Dhule, and directed the Collector to decide the petitioner's complaint afresh in accordance with law, considering that the failure to submit election expense accounts as per the State Election Commission's order attracts disqualification under Section 14B of the Maharashtra Village Panchayat Act, 1959.
Law Points
- Disqualification for non-submission of election expenses
- Mandatory compliance with election expense rules
- Section 14B of Maharashtra Village Panchayat Act
- 1959
- Strict interpretation of disqualification provisions
