Case Note & Summary
The petitioners, Mrs. Shobhabai Narayan Shinde and Mrs. Sunita Nana Bhil, filed separate writ petitions before the Bombay High Court, Aurangabad Bench, challenging an order passed by the Divisional Commissioner, Nashik Division. The Commissioner had entertained an appeal under Section 16(2) of the Maharashtra Village Panchayats Act, 1959 against an order of the Collector refusing to disqualify respondent No.2, Sangram Govindrav Patil, as a Member/Sarpanch under Section 14B of the Act. The petitioners contended that the Commissioner lacked jurisdiction to entertain such an appeal because Section 16(2) only provides for appeals against orders passed under Sections 14(1)(a) to (h) and 14A, and not under Section 14B. The respondents argued that the Commissioner had jurisdiction. The Court examined the relevant provisions and noted that Section 16(2) specifically enumerates the orders against which an appeal lies to the Commissioner, and Section 14B is conspicuously absent from that list. The Court held that the Commissioner has no jurisdiction to entertain an appeal against an order under Section 14B. Consequently, the impugned order passed by the Commissioner was quashed and set aside. The Court clarified that the petitioners are at liberty to challenge the Collector's order by way of a writ petition under Article 226 of the Constitution if they are aggrieved. The petitions were allowed with no order as to costs.
Headnote
A) Local Self-Government - Disqualification of Member/Sarpanch - Jurisdiction of Commissioner under Section 16(2) - Maharashtra Village Panchayats Act, 1959, Sections 14B and 16(2) - The issue was whether the Commissioner can entertain an appeal against a Collector's order refusing disqualification under Section 14B. The Court held that Section 16(2) only provides for appeals against orders under Sections 14(1)(a) to (h) and 14A, and not against orders under Section 14B. Therefore, the Commissioner lacks jurisdiction to entertain such an appeal. (Paras 2-5)
B) Local Self-Government - Interpretation of Statute - Specific Provision vs. General Provision - Maharashtra Village Panchayats Act, 1959, Sections 14B and 16(2) - The Court interpreted that Section 16(2) is a specific provision enumerating appealable orders, and since Section 14B is not included, no appeal lies to the Commissioner. The remedy, if any, would be by way of a writ petition under Article 226 of the Constitution. (Paras 4-5)
Issue of Consideration
Whether the Divisional Commissioner has jurisdiction to entertain an appeal under Section 16(2) of the Maharashtra Village Panchayats Act, 1959 against an order of the Collector refusing to disqualify a Member/Sarpanch under Section 14B of the Act.
Final Decision
The petitions are allowed. The impugned order passed by the Divisional Commissioner, Nashik Division, is quashed and set aside. The petitioners are at liberty to challenge the Collector's order by way of a writ petition under Article 226 of the Constitution if they are aggrieved. No order as to costs.
Law Points
- Jurisdiction of Commissioner under Section 16(2) of Maharashtra Village Panchayats Act
- 1959
- Scope of appeal against Collector's order under Section 14B
- Interpretation of statutory provisions
Case Details
2020 LawText (BOM) (12) 19
Writ Petition No.9244 of 2019 and Writ Petition No.9245 of 2019
Mr. Bachate Pralhad D. for Petitioners, Mr. S.N. Morampalle AGP for Respondent/State, Mr. S.P. Shah for Respondent No.2, Mr. A.B. Kadethankar for Respondent No.3
Mrs. Shobhabai Narayan Shinde and Mrs. Sunita Nana Bhil
The Divisional Commissioner, Nashik Division, Nashik; Mr. Sangram Govindrav Patil; Grampanchayat Kusumba; The Returning Officer, Kusumba; The Collector, Dhule
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Nature of Litigation
Writ petitions challenging the jurisdiction of the Divisional Commissioner to entertain an appeal under Section 16(2) of the Maharashtra Village Panchayats Act, 1959 against an order of the Collector refusing to disqualify a Member/Sarpanch under Section 14B of the Act.
Remedy Sought
Quashing of the order passed by the Divisional Commissioner entertaining the appeal and declaration that the Commissioner lacks jurisdiction.
Filing Reason
The petitioners were aggrieved by the Commissioner's order assuming jurisdiction to hear an appeal against the Collector's refusal to disqualify respondent No.2 under Section 14B.
Previous Decisions
The Collector had refused to disqualify respondent No.2 under Section 14B. The Commissioner entertained an appeal against that order under Section 16(2).
Issues
Whether the Divisional Commissioner has jurisdiction to entertain an appeal under Section 16(2) of the Maharashtra Village Panchayats Act, 1959 against an order of the Collector refusing to disqualify a Member/Sarpanch under Section 14B of the Act.
Submissions/Arguments
Petitioners argued that Section 16(2) only provides for appeals against orders under Sections 14(1)(a) to (h) and 14A, and not under Section 14B, hence the Commissioner lacks jurisdiction.
Respondents argued that the Commissioner has jurisdiction to entertain the appeal.
Ratio Decidendi
The Commissioner has no jurisdiction to entertain an appeal under Section 16(2) of the Maharashtra Village Panchayats Act, 1959 against an order of the Collector refusing to disqualify a Member/Sarpanch under Section 14B of the Act, as Section 16(2) does not include orders under Section 14B within its ambit.
Judgment Excerpts
The question that arises in these petitions is as to if a Commissioner has the jurisdiction to entertain an appeal under Section 16(2) of the Maharashtra Village Panchayats Act, 1959 against an order of a Collector refusing to disqualify a Member/Sarpanch under Section 14B of the Act ?
Section 16(2) only provides for appeals against orders under Sections 14(1)(a) to (h) and 14A, and not under Section 14B. Therefore, the Commissioner lacks jurisdiction to entertain such an appeal.
Procedural History
The petitioners filed writ petitions before the Bombay High Court, Aurangabad Bench, challenging the order of the Divisional Commissioner, Nashik Division, who had entertained an appeal under Section 16(2) of the Maharashtra Village Panchayats Act, 1959 against the Collector's order refusing to disqualify respondent No.2 under Section 14B. The petitions were heard finally at the stage of admission with consent of both sides.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: 14B, 16(2), 14(1)(a) to (h), 14A
