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Supreme Court of India 2022-01-04 allowed

SHOBHABAI NARAYAN SHINDE vs THE DIVISIONAL COMMISSIONER, NASHIK DIVISION, NASHIK & ORS

Bench: 2 — A.M. Khanwilkar, C.T. Ravikumar

In Brief

Two village panchayat members were elected in Maharashtra elections in 2018. A third party filed applications seeking their disqualification under Section 14B(1) of the Maharashtra Village Panchayats Act, 1959, for failing to submit election expenses within prescribed time. The Collector rejected the disqualification applications. The third party appealed to the Divisional Commissioner, who reversed the Collector's decision and disqualified both members. The High Court affirmed. The Supreme Court held that no statutory appeal remedy exists against a Collector's order rejecting a disqualification application. The Divisional Commissioner has no jurisdiction to entertain such appeals. The Court allowed the appeals, set aside the Divisional Commissioner and High Court orders, and restored the Collector's original rejection, reinstating the members in office.

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Electoral Law Panchayat Law Administrative Law Jurisdiction Statutory Interpretation Delegation of Powers Disqualification Election Expenses Procedural Law

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