Shashikala W/O Latari Madavi, Member Gram Panchayat, Amadi v. Chief Executive Officer, Z.P. Chandrapur And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6347 OF 2014 Sidharth Bhaurao Niranjane Vs. Chief Executive Officer Z. P. Chandrapur & Ors. WITH WRIT PETITION NO. 6346 OF 2014 Balkrushna Fakru Uike Vs. Chief Executive officer Z. P. Chandrapur & Ors. WITH WRIT PETITION NO. 6348 OF 2014 Shashikala Latari Madavi Vs. Chief Executive Officer Z. p. Chandrapur & Ors. WITH WRIT PETITION NO. 6349 OF 2014 Suresh Bhaurao Wasade Vs. Chief Executive Officer Z. P. Chandrapur & Ors. WITH WRIT PETITION NO. 6350 OF 2014 Ashwini Anil Wandhare Vs. Chief Executive Officer Z. p. Chandrapur & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri H. S. Chitaley Adv for petitioner.
Shri C. N. Adgokar AGP for respondent nos. 2,4 & 5.
CORAM: A.S.CHANDURKAR J.
DATED: 24th JULY, 2015.
Since all these writ petitions raise identical issues they are being decided by this common judgment. Presence of respondent no.3 is dispensed with in view of the order proposed to be passed.
The petitioner in each writ petition was held disqualified
under provisions of Section 14(1) (j-5) of the Maharashtra Gram Panchayats Act, 1958. The order of disqualification was passed by the Additional Collector. In terms of provisions of Section 16 of the said Act, an appeal was preferred before the Divisional Commissioner. The appeal was however entertained by the Additional Commissioner and all the appeals came to be dismissed which adjudication is impugned in these writ petitioners. Shri H. S. Chitaley, learned counsel appearing for petitioner in each writ petition submitted that Additional Commissioner had no jurisdiction to entertain the appeal under Section 16 of the said Act. Such jurisdiction was vested only with the Divisional Commissioner and for said proposition reliance was placed on the judgment of the learned Single Judge in Atmaram Chapa Sandanshiv and another Vs.
Shamshadbi Bashir Shah Fakir and others 2008(3) Maharashtra Law Journal 906. He, therefore, submitted that the impugned orders deserve to be set aside as having been passed by an Authority having no jurisdiction. The learned Assistant Government Pleader Shri Adgokar, appearing for respondent nos.
20.04.1977.
In Atmaram (supra) learned Single Judge after considering provisions of Section 16(2) of the said Act has held that the powers to entertain such appeal are delegated by the State Government to the Commissioner and hence it is only the Divisional Commissioner who can entertain the appeal. In said decision also the adjudication by the Additional Commissioner was set aside with a direction to the Commissioner to decide the appeals.
The facts in all these cases are identical to the adjudication referred to hereinabove. Hence, on this short ground the impugned orders deserve to be set aside.
Accordingly the following order is passed:
The orders passed by respondent no.4 in all these writ petitions are set aside on the ground that the respondent no.4 has no jurisdiction to entertain appeal under Section 16 of the said Act. All the appeals are remitted to the Divisional Commissioner, Nagpur Division, Nagpur for fresh adjudication in accordance with law. The appeals shall be decided on their own merits. The interim relief granted by this Court on 25.11.2014 shall operate during pendency of the proceedings before the
Divisional Commissioner. It is however made clear that said Authority shall not be influenced by the continuation of interim relief by this Court and the appeals shall be decided on their own merits. Rule made absolute in aforesaid terms. No costs. JUDGE svk