Gunwant Mahadev Patil v. State Election Commission And ORS

wp4837 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.4837 OF 2012 Gunwant Mahadev Patil

...Petitioner

vs.

State Election Commission and others

...Respondents

Mr.Akshay A. Shah for the petitioner Mr.Sachindra Shetye for the respondent No.1 Mr.V.S.Gokhale, AGP for respondent Nos.2 and 3 Mr.N.R.Bubna for respondent No.4 CORAM : A.S.OKA, & A.P.BHANGALE, JJ.

DATE : MARCH 17, 2015 P.C.:

The challenge in this petition under Article 226 of the Constitution of India is to the order dated 6th January 2012 passed by the Divisional Commissioner, Konkan Division by which in exercise of power under sub-section (1)(E) of section 10 of the Maharashtra Municipal Corporations Act,1949, the petitioner has been disqualified.

The disqualification is on the ground of the failure of the petitioner to lodge accounts of the election within the time stipulated and in the manner required by the State Election Commission.

The first submission of the learned counsel for the petitioner based on the documents at Exh.A is that the accounts were submitted within the stipulated period of 30 days. He submitted that

wp4837 notice of enquiry was not served upon the petitioner.

The learned counsel for the fourth respondent pointed out that the requirement was of lodging accounts in the manner required by the State Election Commission.

From the chart placed on record by the fourth respondent, it appears that the petitioner did not file Annexures I and III to the affidavit as per the requirement of the State Election Commission. That is the reason why there is a finding recorded by the Divisional Commissioner that the petitioner has not lodged accounts with the State Election Commission as per the requirements of the State Election Commission.

As far as Authority of the Divisional Commissioner is concerned, on 5th June 2010, the power of delegation has been exercised by the State Election Commission authorising the Divisional Commissioners to exercise power in relation to the elections of the Municipal Corporations.

Hence, there is no merit in the petition and the same is rejected.

(A.P.BHANGALE,J.) (A.S.OKA,J.)