Case Note & Summary
The petitioner, Smt. Dipmala w/o Ravindra Chachane, was elected unopposed as a member of Gram Panchayat Sarra in July 2015. The Additional Collector issued a notice under Section 14B of the Maharashtra Village Panchayats Act, 1959 requiring her to submit a statement of election expenses. The petitioner replied that since all members were elected unopposed without any contest, no expenses were incurred and no statement was submitted. The Additional Collector disqualified her for non-compliance. The petitioner appealed under Section 16(2) of the Act, but the Additional Commissioner upheld the disqualification. The High Court considered whether the failure to submit the statement of accounts constituted a reasonable cause. It held that when a candidate is elected unopposed, there is no requirement to incur any election expenses, and the explanation that no expenses were incurred is a reasonable cause for non-submission. The court quashed the orders of disqualification and directed the respondents to treat the petitioner as continuing as a member of the Gram Panchayat.
Headnote
A) Panchayati Raj - Election Expenses - Disqualification - Section 14B Maharashtra Village Panchayats Act, 1959 - Unopposed Election - The petitioner was elected unopposed as a member of Gram Panchayat and did not submit a statement of election expenses. The Additional Collector disqualified her under Section 14B. The High Court held that when a candidate is elected unopposed without any contest, there is no requirement to incur election expenses, and the failure to submit a statement of accounts constitutes a reasonable cause. The disqualification was quashed. (Paras 2-6) B) Panchayati Raj - Appeal - Section 16(2) Maharashtra Village Panchayats Act, 1959 - Appellate Authority - The Additional Commissioner upheld the disqualification without considering the fact that the petitioner was elected unopposed. The High Court set aside the appellate order as it failed to appreciate the reasonable cause for non-submission. (Paras 3-6)
Issue of Consideration
Whether a candidate elected unopposed to a Gram Panchayat can be disqualified under Section 14B of the Maharashtra Village Panchayats Act, 1959 for failure to submit a statement of election expenses when no expenses were incurred.
Final Decision
The writ petition is allowed. The order dated 14.09.2016 passed by the Additional Commissioner and the order of disqualification passed by the Additional Collector are quashed and set aside. The respondents are directed to treat the petitioner as continuing as a member of Gram Panchayat Sarra.
Law Points
- Election expenses
- Disqualification
- Unopposed election
- Section 14B Maharashtra Village Panchayats Act
- 1959
- Reasonable cause
