VidhiSangh

Supreme Court of India · 04/01/2022

SHOBHABAI NARAYAN SHINDE versus THE DIVISIONAL COMMISSIONER, NASHIK DIVISION, NASHIK & ORS.

[2022] 3 S.C.R. 1035 · 2022 INSC 9

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that no statutory appeal lay to the Divisional Commissioner from the Collector’s refusal to disqualify elected panchayat representatives under Section 14B(1) of the Maharashtra Village Panchayats Act. Section 14B(2) permits removal or reduction of an existing disqualification, rather than reversal of a refusal to disqualify. The separate appeal provision concerning a consequential vacancy under Section 16 could not supply the missing appellate power. The Commissioner’s orders and the High Court judgment were set aside, restoring the Collector’s rejection orders without deciding their merits. Article 226 review remained available.

Issues

  1. Whether Section 14B(2) authorised an appeal against a refusal to disqualify a panchayat representative.
  2. Whether the separate vacancy procedure under Section 16 supplied appellate jurisdiction.

Provisions considered

Held

Result

Appeals allowed; High Court judgment and Commissioner’s disqualification orders set aside; Collector’s rejection orders restored; merits not examined; no costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 1035.