Smt. Shakuntala Namdeo Rathod v. The Tahsildar, Barshi And ORS

Dusane 1/2 wp7921.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7921 OF 2016 Smt. Shakuntala Namdeo Rathod ....

Petitioner Vs.

The Tahsildar, Barshi ....

Respondent Mr. Sachin R. Pawar, Advocate for the Petitioner. Mrs. Vaishali Nimbalkar, AGP for the Respondent Coram : Smt. R.P. SondurBaldota, J.

Date : 9th August, 2016 P.C.

Rule. Rule made returnable forthwith. By consent of the parties, the petition is taken on board for final hearing. Heard the counsel.

This petition has been moved to challenge the order dtd. 18th May, 2016 passed by the Additional Commissioner, Pune Division, Pune refusing the interim reliefs to the petitioner. The petitioner is sought to be disqualified under Section 14(b) of the Village Panchayats Act, 1958 for not submitting the details of election expenditure within a period of one month from the result of the election. The petitioner has produced copy of the application dtd. 26th November, 2015 being a covering letter for submission of expenditure of election. In that circumstances, there is prima facie

Dusane 2/2 wp7921.2016 case indicating submission of the accounts. This was unfortunately not taken into account by the Additional Commissioner and he has by the cryptic order dismissed the application for interim reliefs. The impugned order as such cannot be sustained. Hence, the petition is allowed in terms of prayer clause (b).

(Smt. R.P. SondurBaldota, J)