Nagesh Vitthal Gaikwad v. The State Of Maharashtra And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10706 OF 2016 Narayan Ramchandra Mashalkar ..Petitioner State of Maharashtra through Secretary & Anr.
WRIT PETITION NO.11142 OF 2016 Sou Vinatai Mahadeo Devakate ...
WRIT PETITION NO.10737 OF 2016 Nagesh Vitthal Gaikwad WRIT PETITION NO.10707 OF 2016 Chandrakant Tipanna Manavi WRIT PETITION NO.10708 OF 2016 Sou. Yamuna Ravindra Diddi The State of Maharashtra & Ors.
WRIT PETITION NO.10709 OF 2016 Sau Shapure Vaishali Chandrakant WRIT PETITION NO.10710 OF 2016 Chinta Ambadas Pandurang 1/5
The State of Maharashtra & ors.
WRIT PETITION NO.10711 OF 2016 Sou. Chinta Suvarna Ambadas WRIT PETITION NO.10712 OF 2016 Sidram Vithal Vhanmore WRIT PETITION NO.10713 OF 2016 Hemant Damu Pingale WRIT PETITION NO.10714 OF 2016 Rajendra Zumbarlal Kalantri WRIT PETITION NO.10715 OF 2016 Smt. Donta Ambika Balaji WRIT PETITION NO.10805 OF 2016 Maqboolso Babulalso Moholkar WRIT PETITION NO.10806 OF 2016 Mallikarjune Govind Madiwal 2/5
WRIT PETITION NO.10823 OF 2016 Sou. Kasturbai Ambayya Mergu WRIT PETITION NO.10824 OF 2016 Smt. Shaik Vahidabi Unnus WRIT PETITION NO.10825 OF 2016 Basavaraj Ramanna Kengnalkar ...
Mr. R.D. Suryavansi with Mr. V.S. Deokar, Ms Ujawala Karpe i/b. Ms Meenal S. Deshmukh for the Petitioners in all the matters. Mr. R.B. Shetye for Respondent No.4 in all matters. Mr. Samir Dharmadhikari for Respondent No.3 in WP/10706/2016, 10805/2016, 10824/2016 and 10825 /2016.
Mr. I.M. Khairdi for Respondent No.3 in WP/10707/2016 to 10710/2016 and Respondent No.4 in WP/10737/2016.
Mr. D.G. Dhanure for Respondent No.3 in WP/10711/2016 to 10713/2016, 10806/2016 and 10823/2016.
Mrs. M.P. Thakur, AGP for Respondent-State.
CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.
DATED : 13th OCTOBER, 2016.
P. C. :
All the Petitioners in the above petitions are the defeated candidates in general election held in the year 2012. They were disqualified 3/5
by the Divisional Commissioner, Pune Division, Pune by an order dated 10.7.2013. However, this order was to come to effect after the date of the publication of the same in official gazette. The order was published in official gazette on 13.3.2014.
2.
It is the case of the Petitioners that they came to know about their disqualification in the month of June, 2016 when the news appeared in the newspaper. The Petitioners thereafter preferred an appeal before the Election Commissioner in the month of July, 2016. The Election Commissioner rejected these appeals by impugned orders dated 3rd August, 2016 and 29th August, 2016 in the respective petitions, solely on the ground of delay and that the Petitioners have not filed application for condonation of the same.
3.
After hearing the learned counsels for the respective parties and perusal of the provisions, we find that the Mumbai Municipal Corporation Act, 1949 does not provide period of limitation for filing an appeal to challenge order under section 10(1) F of the Act. The impugned orders further reveal that the Petitioners were not heard. In these circumstances, we are of the opinion that the Election Commissioner ought to have decided the appeals on merits after hearing all the concerned. 4.
We accordingly dispose of the petitions by passing following 4/5
order :- (I) Orders dated 3.8.2016 and 29.8.2016 passed by the Election Commissioner in the above respective petitions are quashed and set aside. The matters are remanded back to the Election Commissioner.
(II) The Election Commissioner or any other authorised officer shall dispose of the appeals filed by the Petitioners challenging the orders under section 10(1)F as expeditiously as possible and in any case within a period of four weeks from the date of receipt of copy of this order. 5.
Needless to mention that the Election Commissioner or any other authorised Officer shall dispose of the said appeals on its own merit and only after hearing the parties. All points and contentions of the respective parties are expressly kept open. The parties shall appear before the Election Commissioner or the concerned authorised Officer on 17.10.2016.
(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) 5/5