Latabai Prakashanna Tangade v. The Additional Commissioner Aurangabad And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4603 OF 2018 Smt. Latabai Prakashanna Tangade ... Petitioner

Versus

The Additional Commissioner & Ors.

... Respondents ...

Mr. Shrikant G. Kawade, Advocate for Petitioner Mr. S.W. Munde, AGP for Respondents/State ...

Coram : N.M. Jamdar, J.

Date : 28 November 2018 Oral Order :

By this petition, the petitioner has challenged the order passed by the Divisional Commissioner, Aurangabad dated 30 January 2017, dismissing the appeal filed by the petitioner and also challenged the order dated 25 September 2017 disqualifying the petitioner from being a Member of Gram Panchayat. The petitioner contested election to the post of Member of the Gram Panchayat, Jambsamarth, Taluka Ghansangvi, District

Jalna. The result was declared on 3 November 2015. As per the provisions of Section 14B of the Maharashtra Village Panchayat Act, within a period of 30 days of the result of election, the details regarding expenses incurred in the election along with prescribed format had to be submitted to the Tahsildar. The Divisional Commissioner has recorded a finding that the petitioner did not submit the said expenses neither produce any receipt thereof in spite of giving an opportunity. It is the contention of the petitioner that the petitioner was unwell during the said period. The medical certificate to that effect is annexed to the petition. The medical certificate does not give any particulars whatsoever and simply states that the petitioner was advised bed-rest. The period of the so called advised bed-rest has commenced immediately after the result of the election. Perusal of medical certificate, on the face of it, shows that it is an afterthought. There is no error in the impugned order. Writ petition is accordingly rejected.

N.M. Jamdar, J.

Sameer//