Case Note & Summary
The petitioner was elected as a member of Grampanchayat Mhapral in elections held on 23 April 2015. The Tahsildar, Mandangad, by letter dated 28 June 2016, called upon him to furnish election expenses. He submitted the account via affidavit on 21 July 2016. A show cause notice dated 7 December 2016 alleged inordinate delay; he replied on 15 December 2016. The Collector, Ratnagiri, by order dated 9 June 2017, disqualified the petitioner from continuing as a member and barred him from contesting for five years. The petitioner's appeal to the Divisional Commissioner was dismissed on 29 March 2018. Aggrieved, he filed the present writ petition under Articles 226 and 227 of the Constitution. The legal issues were whether the Collector had properly exercised discretion under Section 14(B) of the Maharashtra Village Panchayats Act, 1959, and whether the order violated natural justice. The petitioner argued that the Collector failed to consider his explanation (father's serious illness causing oversight) and did not give a personal hearing; he relied on precedents stressing the need for discretion and individual hearing. The State contended that the delay of 424 days was excessive and the petitioner, having been elected twice, was aware of the 30-day deadline. The court found that the Collector had passed a common order for 265 members without individual hearing or separate orders. It held that Section 14(B) vests discretion in the Collector to consider the explanation and extend time, and that principles of natural justice require personal hearing. The impugned orders were quashed, and the matter remanded to the Collector for fresh consideration after affording the petitioner an opportunity to file a further affidavit and a personal hearing, directing that the provisions of Section 14(B) be kept in view.
Headnote
A) Election Law - Disqualification for Late Filing of Election Expenses - Discretion to Extend Time - Maharashtra Village Panchayats Act, 1959, Section 14(B) - The petitioner, an elected Grampanchayat member, filed election expense account 424 days late. The Collector disqualified him without considering his explanation. Held that the Collector has discretion under Section 14(B) to extend time and must exercise it. Failure to do so vitiates the order. (Paras 9-11) B) Administrative Law - Natural Justice - Personal Hearing - Maharashtra Village Panchayats Act, 1959, Section 14(B) - The Collector passed a common order disqualifying 265 members without giving individual personal hearing. The High Court held that principles of natural justice require each member be given an opportunity of personal hearing before disqualification. Held that the impugned order is violative of natural justice and must be set aside. (Paras 9-10)
Issue of Consideration
Whether the Collector rightly exercised discretion under Section 14(B) of the Maharashtra Village Panchayats Act, 1959 and whether the impugned orders violated principles of natural justice
Final Decision
The writ petition is allowed. The impugned orders of disqualification passed by the Collector and the Divisional Commissioner are quashed and set aside, confined to the petitioner. The matter is remanded to the Collector for fresh consideration. The petitioner shall file a further affidavit explaining the delay and appear before the Collector on 17 June 2019. The Collector shall give a personal hearing and pass appropriate orders, exercising discretion under Section 14(B) of the Maharashtra Village Panchayats Act, 1959. The entire exercise shall be completed within two months from the first date of appearance.
Law Points
- discretion under Section 14(B) to extend time
- principles of natural justice require personal hearing
- common order without individual consideration is improper
- failure to exercise discretion vitiates disqualification order
- explanation for delay must be considered
