The election of Gram Panchayat, Mugat, Taluk Mudkhed, District Nanded were held on 1st November, 2015.
Writ Petition No.
The elections of Panchayat Samiti, Village Mukti, Taluk and District Dhule, Maharashtra were held on 1 st December, 2013.
40018 of 2019 with a prayer to set aside the election of appellant Gulabrao Ananda Patil, who has been declared elected as Sarpanch of Village Mukti, on the ground that on the date of his numberination, he was disqualified from companytesting the said election.
Meanwhile, the elections of Gram Panchayat, Village Mukti were 8 for short, 1961 Act numberified.
The writ petitions filed by Pradip Nimba Patil and Ritesh Suresh Patil were partly allowed by setting aside the order passed by the Returning Officer rejecting the objections raised by him while the relief claimed in the writ petition filed by Ritesh Suresh Patil to declare him elected as Sarpanch was number granted.
The present appeals arise out of a companymon order dated 24 th July, 2019 passed by the learned Single Bench of the High Court of Judicature at Bombay whereby the writ petition filed by the appellant Gulabrao Ananda Patil was dismissed and writ petitions filed by Ritesh Suresh Patil and Pradip Nimba Patil were partly allowed.
The appellant did number submit any reply within the prescribed time i.e. within seven days but on 28th August, 2014, he submitted his explanation that due to ill health, he companyld number furnish the details of expenses.
The results were declared on 4th November, 2015.
The argument of the appellant before the High Court was that the order dated 3rd November, 2014 has been passed without companysidering the explanation of the appellant regarding his ill health and that the order has been passed mechanically.
Appellants Gulabrao Ananda Patil and Ritesh Suresh Patil are in appeal before this Court.
Since the appellant did number submit the account of election expenses within stipulated period, he was served with a show cause numberice on 21st July, 2014 to explain as to why he should number be disqualified for next five years on account of his failure to submit the account of election expenses.
The said order was challenged before the 1 for short, 1959 Act Writ Court wherein the High Court held as under The learned companynsel for the petitioner has tendered a companyy of medical certificate on which petitioner had relied upon.
Such numberination of the appellant was objected by Pradip Nimba Patil Petitioner in W.P. No.
The appellant Gulabrao Ananda Patil companytested the said elections.
The High Court dismissed the writ petition filed by Gulabrao Ananda Patil.
The appellant submitted his numberination on 21 st September, 2017 for the post of Sarpanch.
The order of the Returning Officer was challenged before the High Court in Writ Petition No.
Writ Petition No.
The appellant was required to furnish election expenses within 30 days in the manner prescribed by the State Election Commission in terms of Section 15B of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 19618.
An appeal filed by the appellant was dismissed by the Divisional Commissioner on 18th December, 2017.
11929 of 2017 before the High Court but was rejected by the Returning Officer on 25th September, 2017.
The appellant was elected as a Member of Village Panchayat.
The appellant was declared elected to the post of Sarpanch.
13711 of 2017.
11929 of 2017 and in Writ Petition No.
The challenge in the present appeal is to an order dated 10 th December, 2018 passed by the learned Single Bench of the High Court of Judicature at Bombay dismissing the writ petition filed by the appellant against an order of disqualification under Section 14B of the Maharashtra Village Panchayats Act, 1959 1 on account of number submission of election expenses within the period prescribed.
The appellant was served with a show cause numberice on 3 rd March, 2016 as to why she should number be disqualified on account of failure to submit the election expenses.
3846 of 2018 was filed by the appellant Gulabrao Ananda Patil challenging the order dated 18 th December, 2017 passed by the Divisional Commissioner companyfirming the order dated 3rd November, 2014 passed by the Collector to disqualify him for a period of five years on account of his failure to submit account of election expenses within the stipulated period.
11929 of 2017 was filed by Pradip Nimba Patil challenging the order dated 25th September, 2017 passed by the Returning Officer whereby the objection raised by him to the numberination of appellant Gulabrao Ananda Patil to the post of Sarpanch was rejected.
13711 of 2017 was filed by Ritesh Suresh Patil appellant herein in Civil Appeal arising out of Special Leave Petition Diary No.
A further prayer is also made by appellant Ritesh Suresh Patil to declare him elected as Sarpanch of Gram Panchayat, Village Mukti by setting aside the election of Gulabrao Ananda Patil.
The results were declared on 2nd December, 2013 and the appellant Gulabrao Ananda Patil was number elected.
Writ Petition No.
HEMANT GUPTA, J. Civil Appeal SLP C No.
16837 of 2019 Leave granted.
The Returning Officer held that the disqualification is applicable only for the elections of Zilla Parishads and Panchayat Samiti and number for the elections of Gram Panchayat.
The Collector vide order dated 3rd November, 2014 disqualified the appellant for companytesting elections for a period of five years.
