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Supreme Court of India 2022-01-04 allowed

Shobhabai Narayan Shinde vs Divisional Commissioner, Nashik Division, Nashik & Ors

Bench: 2 — A.M. Khanwilkar

In Brief

Two candidates elected to a village panchayat were challenged for failing to submit election expenses on time. The Collector rejected disqualification applications against them. The challenging party appealed to the Divisional Commissioner, who allowed the appeals and declared the candidates disqualified. The High Court upheld this. The Supreme Court held that the State Election Commission had delegated its Section 14B(1) powers (to disqualify) to the Collector alone, not to create an appellable jurisdiction. No statutory appeal lies against the Collector's rejection of disqualification applications; such orders are final. The Divisional Commissioner was without jurisdiction to entertain the appeal. The Court allowed the appeals, set aside the disqualification orders, and restored the Collector's rejections.

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Constitutional Law Electoral Law Panchayat Administrative Law Delegation of Powers Disqualification Procedure

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