Case Note & Summary
The petitioner, Abhishek Vinod Patil, an elected member of the Amalner Municipal Council, challenged the order dated 13.4.2018 passed by the Divisional Commissioner, Nashik, which allowed Appeal No.6 of 2018 filed by the defeated candidate, respondent No.3 (Mahaveer Prakashchand Pahade), and set aside his disqualification under Section 16(1D) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The election results were declared on 28.11.2016, and the limitation for tendering accounts of election expenses was 30 days, expiring on 28.12.2016. Respondent No.3 failed to lodge his accounts within this period. On 14.2.2017, the District Collector issued a notice to respondent No.3 under Section 16(1D). Respondent No.3 submitted his explanation and accounts on 23.2.2017. On 27.2.2017, the Collector passed an order disqualifying 92 candidates, including respondent No.3, for three years. Respondent No.3 challenged this order in Writ Petition No.10984 of 2017, and this Court, on 19.9.2017, set aside the Collector's order and remanded the matter for re-hearing. On 28.12.2017, the Collector again disqualified respondent No.3. Respondent No.3 appealed to the Divisional Commissioner, who allowed the appeal on 13.4.2018, setting aside the disqualification. The petitioner then filed the present writ petition. The court considered the undisputed facts and the submissions of the parties. The court held that the disqualification under Section 16(1D) is automatic upon failure to lodge accounts within 30 days, and belated submission after notice does not cure the default. The Collector's notice is only to afford an opportunity of hearing before disqualification, not to provide a fresh period for compliance. The period of disqualification is three years from the date of the Collector's order. The Divisional Commissioner erred in setting aside the disqualification on equitable grounds. The court quashed the Commissioner's order and restored the Collector's disqualification order dated 28.12.2017.
Headnote
A) Municipal Law - Disqualification - Section 16(1D) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Failure to lodge election expenses within 30 days - The petitioner, an elected member, challenged the order of the Divisional Commissioner that set aside the disqualification of the defeated candidate (respondent No.3) under Section 16(1D). The court held that the disqualification is automatic upon failure to lodge accounts within the prescribed period, and belated submission after notice does not cure the default. The Divisional Commissioner's order was quashed, and the Collector's disqualification order was restored. (Paras 4-10) B) Municipal Law - Limitation - Section 16(1D) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The period of 30 days for lodging election expenses is mandatory and cannot be extended. The court held that the Collector's notice under Section 16(1D) does not provide a fresh opportunity to comply; it is only to afford an opportunity of hearing before disqualification. The disqualification period of three years runs from the date of the Collector's order. (Paras 5-9) C) Municipal Law - Appellate Authority - Section 16(1D) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The Divisional Commissioner, as appellate authority, cannot set aside disqualification on grounds of equity or sympathy. The court held that the appellate authority must enforce the statutory mandate strictly. (Para 10)
Issue of Consideration
Whether the Divisional Commissioner was justified in setting aside the disqualification of a defeated candidate under Section 16(1D) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, when the candidate had failed to lodge election expenses within the prescribed 30-day period and only submitted accounts after receiving a show-cause notice.
Final Decision
The court allowed the writ petition, quashed the order of the Divisional Commissioner dated 13.4.2018, and restored the order of the District Collector dated 28.12.2017 disqualifying respondent No.3 under Section 16(1D) of the 1965 Act for a period of three years.
Law Points
- Disqualification under Section 16(1D) of the Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965 is automatic upon failure to lodge election expenses within 30 days
- belated submission after notice does not cure the default
- the period of disqualification is three years from the date of the Collector's order
- the Divisional Commissioner cannot set aside disqualification on equitable grounds.
