Case Note & Summary
The petitioners, four women agricultural labourers from Dhapewada, Nagpur, were elected as members of the Gram Panchayat. They were disqualified by the Additional Collector, Nagpur, under the Maharashtra Local Authorities Members' Disqualification Act, 1986, on a complaint filed by Ratnakar Narayan Kumbhare. The petitioners appealed against the disqualification order before the Additional Commissioner, Nagpur. During the pendency of the appeals, the petitioners filed an application seeking permission to withdraw the complaint, not the appeals. However, the Additional Commissioner passed an order permitting the petitioners to withdraw their appeals. The petitioners challenged this order by filing writ petitions before the Bombay High Court, Nagpur Bench. The court examined the order and noted that the petitioners had never asked for permission to withdraw the appeals; they only sought withdrawal of the complaint. The court held that the Additional Commissioner acted without jurisdiction in permitting withdrawal of the appeals when no such prayer was made. The order was declared void ab initio and set aside. The court directed the Additional Commissioner to restore the appeals to their original numbers and decide them afresh on merits in accordance with law, after hearing all parties. The writ petitions were allowed with no order as to costs.
Headnote
A) Civil Procedure - Withdrawal of Appeal - Permission to Withdraw Complaint - The Additional Commissioner permitted withdrawal of appeals without any application for withdrawal of appeal; the petitioners had only sought permission to withdraw the complaint. The court held that the order permitting withdrawal of appeals was without jurisdiction and void ab initio. (Paras 2-4)
B) Jurisdiction - Appellate Authority - Acting Without Application - An appellate authority cannot suo motu permit withdrawal of an appeal when no such prayer is made. The order passed without jurisdiction is a nullity. (Paras 2-4)
Issue of Consideration
Whether the Additional Commissioner had jurisdiction to permit withdrawal of appeals when the petitioners had only sought permission to withdraw the complaint and not the appeals.
Final Decision
The court allowed the writ petitions, set aside the order of the Additional Commissioner permitting withdrawal of appeals, and directed the Additional Commissioner to restore the appeals to their original numbers and decide them afresh on merits in accordance with law, after hearing all parties. No order as to costs.
Law Points
- Withdrawal of complaint does not automatically result in withdrawal of appeal
- Permission to withdraw complaint cannot be treated as permission to withdraw appeal
- Appellate authority cannot permit withdrawal of appeal without specific request from appellant
- Order permitting withdrawal of appeal without jurisdiction is void ab initio
Case Details
2017 LawText (BOM) (04) 142
Writ Petition No. 1148 of 2017, Writ Petition No. 1156 of 2017, Writ Petition No. 1172 of 2017, Writ Petition No. 1183 of 2017
Shri N.D. Khamborkar for Petitioners, Ms. Prachi Joshi for Respondent No.1, S/Shri S.B. Bissa, K.L. Dharmadhikari and K.R. Lule, AGPs for Respondent Nos. 2 and 3
Sau. Priti W/o Mangesh Kothade, Sau. Bhavna W/o Ramkrishna Dhale, Sau. Nirmala w/o Manik Mahulkar, Sau. Surekha Ghyaniram Kokate
Ratnakar Narayan Kumbhare, The Additional Collector, Nagpur, The Upper Commissioner, Nagpur
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Nature of Litigation
Writ petitions challenging the order of the Additional Commissioner permitting withdrawal of appeals without any application for withdrawal of appeal.
Remedy Sought
The petitioners sought to set aside the order of the Additional Commissioner permitting withdrawal of their appeals and restoration of the appeals for fresh hearing.
Filing Reason
The Additional Commissioner permitted withdrawal of appeals when the petitioners had only sought permission to withdraw the complaint, not the appeals.
Previous Decisions
The Additional Collector disqualified the petitioners; the petitioners appealed to the Additional Commissioner; the Additional Commissioner permitted withdrawal of appeals.
Issues
Whether the Additional Commissioner had jurisdiction to permit withdrawal of appeals when the petitioners had only sought permission to withdraw the complaint.
Whether the order permitting withdrawal of appeals without any application for withdrawal is void ab initio.
Submissions/Arguments
The petitioners argued that they never asked for permission to withdraw the appeals; they only sought withdrawal of the complaint.
The respondents did not contest the matter; the court noted the undisputed fact that no application for withdrawal of appeal was filed.
Ratio Decidendi
An appellate authority cannot permit withdrawal of an appeal when no application for withdrawal of appeal has been made; permission to withdraw the complaint does not amount to permission to withdraw the appeal. An order passed without jurisdiction is void ab initio.
Judgment Excerpts
It is not in dispute that the petitioners never asked for permission to withdraw the appeal.
What was filed before the Additional Commissioner was an application for permission to withdraw the complaint and not the appeal.
The order passed by the Additional Commissioner permitting the petitioners to withdraw the appeals is thus without jurisdiction and is void ab initio.
Procedural History
The Additional Collector disqualified the petitioners under the Maharashtra Local Authorities Members' Disqualification Act, 1986. The petitioners appealed to the Additional Commissioner. During the appeal, the petitioners filed an application for permission to withdraw the complaint. The Additional Commissioner passed an order permitting withdrawal of the appeals. The petitioners challenged this order by filing writ petitions before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Maharashtra Local Authorities Members' Disqualification Act, 1986:
