Case Note & Summary
The petitioner, Gita Lahanu Pawar, challenged an order dated 19.06.2018 passed by the Additional Commissioner, Nasik Division, dismissing her appeal against a disqualification order solely on the ground that the appeal was filed one day late. The Additional Commissioner took the view that there was no provision under Section 16 of the Maharashtra Village Panchayats Act to condone delay. The petitioner relied on a Division Bench decision of the Bombay High Court in Sangitabai w/o. Vasudeo Rajput Vs. State of Maharashtra & Ors., 2017(6) Mh. L. J. 841, which held that the appellate authority under Section 16 has the power to condone delay. The respondent argued that no application for condonation was filed. The Court found the issue squarely covered by the Division Bench decision and also referred to Maruti Vasant Kashid Vs. The Divisional Commissioner, Pune Division & Ors., which held that the fifteen-day limit is not a rule of limitation as understood by the Limitation Act. The Court set aside the impugned order and remanded the matter to the Additional Commissioner to decide the appeal on merits, including any application for condonation of delay, within four weeks.
Headnote
A) Panchayats - Appeal - Condonation of Delay - Section 16 of Maharashtra Village Panchayats Act - The issue was whether the appellate authority under Section 16 has power to condone delay in filing appeal against disqualification order - The Court held that the appellate authority can entertain appeal filed beyond limitation period and condone delay, relying on Division Bench decision in Sangitabai Rajput - The order dismissing appeal solely on ground of one-day delay was set aside (Paras 3-7).
Issue of Consideration
Whether the Additional Commissioner under Section 16 of the Maharashtra Village Panchayats Act has the power to condone delay in filing an appeal against an order of disqualification.
Final Decision
The impugned order dated 19.06.2018 passed by the Additional Commissioner, Nasik Division is quashed and set aside. The matter is remanded to the Additional Commissioner to decide the appeal on merits, including any application for condonation of delay, within four weeks from the date of receipt of the order. Rule made absolute accordingly.
Law Points
- Appellate authority under Section 16 of Maharashtra Village Panchayats Act has power to condone delay in filing appeal
- Limitation Act not applicable
- delay of one day is not fatal
Case Details
2019 LawText (BOM) (03) 320
Writ Petition No. 8072 of 2018
Mr. Shrishailya S. Deshmukh for the Petitioner, Mr. Pratik B. Rahade for Respondent No.1, Mr. P. P. Pujari, AGP for Respondent Nos.3 & 4
Gita Lahanu Pawar @ Gauri Lahanu Pawar
Kalavatibai Kashinath Pawar & Ors.
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Nature of Litigation
Writ petition challenging order dismissing appeal against disqualification order on ground of delay
Remedy Sought
Petitioner sought setting aside of order dated 19.06.2018 passed by Additional Commissioner dismissing appeal as time-barred
Filing Reason
Appeal against disqualification order was dismissed solely on ground of one-day delay, with appellate authority holding no power to condone delay under Section 16
Previous Decisions
Additional Commissioner dismissed appeal on 19.06.2018 due to one-day delay
Issues
Whether the appellate authority under Section 16 of the Maharashtra Village Panchayats Act has power to condone delay in filing appeal
Submissions/Arguments
Petitioner argued that Division Bench in Sangitabai Rajput held appellate authority can condone delay
Respondent argued that no application for condonation was filed, so dismissal was justified
Ratio Decidendi
The appellate authority under Section 16 of the Maharashtra Village Panchayats Act has the power to condone delay in filing appeal, as held by the Division Bench in Sangitabai Rajput. The fifteen-day limit is not a rule of limitation under the Limitation Act but a procedural requirement that can be relaxed.
Judgment Excerpts
The Division Bench of this Court has considered the issue and specifically held that the Appellate Authority in exercise of powers under Section 16 of the Maharashtra village Panchayats Act can entertain the Appeal filed beyond the period of limitation provided and condone the delay.
Resultantly, it will have to be held that the appeal which is to be filed against the decision of the Collector may be filed within fifteen days from the decision but that is not rule of limitation as understood by the Limitation Act and in general.
Procedural History
The petitioner filed an appeal against an order of disqualification passed by Respondent No.3 before the Additional Commissioner, Nasik Division. The Additional Commissioner dismissed the appeal on 19.06.2018 solely on the ground that it was filed one day late, holding no power to condone delay. The petitioner then filed the present writ petition challenging that order.
Acts & Sections
- Maharashtra Village Panchayats Act: Section 16
