Case Note & Summary
The petitioner, Dr. Vivek Vishwanath Mane, Sarpanch of Gram Panchayat Malegaon, challenged an order dated 6-4-2013 passed by the Additional Collector, Washim (Respondent No.8). The order allowed applications filed by Respondent Nos.1 to 7 on 19-3-2013 seeking a detailed inspection report from the Gram Sevak and permission to cross-examine him. These applications were made in disqualification proceedings under Section 14(1)(j-3) of the Bombay Village Panchayats Act, 1958, alleging that the petitioner had encroached upon government land or public property. The Additional Collector had earlier called for a report from the Village Development Officer, which was submitted on 19-3-2013 stating no encroachment was found. Immediately thereafter, the respondents sought further enquiry and cross-examination, which the Additional Collector allowed. The petitioner contended that the impugned order was interlocutory and that the Additional Collector had no power under Section 16 of the Act to pass such an order. The court, relying on the decision in Tulsabai Maroti Shelke v. Additional Commissioner, held that under Section 16, the Collector has no power to pass an order of disqualification or any interlocutory order of this nature. Consequently, the impugned order was quashed and set aside, and the writ petition was allowed. The court did not express any opinion on the merits of the disqualification proceedings.
Headnote
A) Bombay Village Panchayats Act, 1958 - Section 16 - Power of Collector - Interlocutory Orders - The Collector has no power under Section 16 to pass an order of disqualification or any interlocutory order directing further enquiry or cross-examination. The impugned order allowing applications for detailed inspection report and cross-examination of Gram Sevak was set aside as being without jurisdiction. (Paras 2-4)
Issue of Consideration
Whether the Additional Collector has the power under Section 16 of the Bombay Village Panchayats Act, 1958 to pass an interlocutory order directing further enquiry and permitting cross-examination of the Village Development Officer in disqualification proceedings.
Final Decision
The writ petition is allowed. The impugned order dated 6-4-2013 passed by the Additional Collector, Washim is quashed and set aside. Rule is made absolute accordingly. No order as to costs.
Law Points
- Interlocutory order
- power of Collector
- disqualification proceedings
- Bombay Village Panchayats Act
- 1958
- Section 16
- no power to order further enquiry
- cross-examination
- inspection report
Case Details
2013 LawText (BOM) (08) 154
Writ Petition No.2133 of 2013
Shri A.M. Ghare for Petitioner, Smt. R.S. Sirpurkar for Respondent Nos.1 to 7, Shri A.M. Deshpande, AGP for Respondent No.8
Dr. Vivek s/o Vishwanath Mane
Akhtarkha Ganikha Pathan and others
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Nature of Litigation
Writ petition challenging an interlocutory order passed by the Additional Collector in disqualification proceedings under the Bombay Village Panchayats Act, 1958.
Remedy Sought
Petitioner sought quashing of the order dated 6-4-2013 passed by the Additional Collector allowing applications for detailed inspection report and cross-examination of the Gram Sevak.
Filing Reason
The petitioner was aggrieved by the Additional Collector's order allowing further enquiry and cross-examination in disqualification proceedings against him.
Previous Decisions
The Additional Collector had earlier called for a report from the Village Development Officer, which was submitted on 19-3-2013 stating no encroachment was found. Thereafter, the impugned order was passed allowing applications for further enquiry and cross-examination.
Issues
Whether the Additional Collector has the power under Section 16 of the Bombay Village Panchayats Act, 1958 to pass an interlocutory order directing further enquiry and permitting cross-examination of the Village Development Officer in disqualification proceedings.
Submissions/Arguments
Petitioner's counsel argued that under Section 16 of the Bombay Village Panchayats Act, 1958, the Collector has no power to pass an order of disqualification or any interlocutory order, relying on Tulsabai Maroti Shelke v. Additional Commissioner.
Ratio Decidendi
Under Section 16 of the Bombay Village Panchayats Act, 1958, the Collector has no power to pass an order of disqualification or any interlocutory order directing further enquiry or cross-examination in disqualification proceedings.
Judgment Excerpts
Obviously, the impugned order is of interlocutory nature.
Shri Ghare, the learned counsel appearing for the petitioner, has relied upon the decision of this Court in the case of Tulsabai, Maroti Shelke v. Additional Commissioner, reported in 2003EQ(BOM)01276, for the proposition that under Section 16 of the Bombay Village Panchayats Act, 1958, the Collector has no power to pass an order of disqualification.
Procedural History
The petitioner filed Writ Petition No.2133 of 2013 before the Bombay High Court, Nagpur Bench, challenging the order dated 6-4-2013 passed by the Additional Collector, Washim. The petition was heard and disposed of on 28-8-2013.
Acts & Sections
- Bombay Village Panchayats Act, 1958: Section 14(1)(j-3), Section 16
