Allowed¶¶5

Vitthal Dnyanoba Bhise and Others v. Digambar Shripatrao Bhise and Others

Grampanchayat disqualification – Appealability

Bombay HC23 Jul 2025WP/379/2020

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Case brief

AI extract

What is this about?

Maharashtra Village Panchayats Act 1959 Section 14B(1); disqualification of Sarpanch/Member; Collector Parbhani order 11.06.2018; Appeal No. 56/2018; Additional Divisional Commissioner Aurangabad; lack of jurisdiction; order without jurisdiction is nullity; order set aside; Shobhabai Narayan Shinde [2022] 3 S.C.R. 1035; Supreme Court precedent relied on; Grampanchayat Member disqualified five years; Writ Petition No. 379 of 2020; Bombay High Court Aurangabad Bench; R. M. Joshi J; petition allowed; neutral citation 2025:BHC-AUG:19227.

What did the court decide?

Writ Petition allowed; the order dated 01.01.2000 passed by the learned Additional Divisional Commissioner, Aurangabad in Appeal No. 56/2018 is set aside as being without jurisdiction. ¶¶5

Vitthal Dnyanoba Bhise and Others Vs Digambar Shripatrao Bhise and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition allowed; the order dated 01.01.2000 passed by the learned Additional Divisional Commissioner, Aurangabad in Appeal No. 56/2018 is set aside as being without jurisdiction.

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Issue for consideration

Whether the Additional Divisional Commissioner, Aurangabad had jurisdiction to entertain the appeal against the order passed by the Collector under Section 14B(1) of the Maharashtra Village Panchayats Act, 1959 relating to disqualification of a Sarpanch/Member.

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Court's answer

Following the Supreme Court's ruling in Shobhabai Narayan Shinde, an order passed by the Collector under Section 14B(1) of the Maharashtra Village Panchayats Act, 1959 rejecting a complaint or dropping proceedings for declaration of disqualification of a Sarpanch/Member is not appealable before the Divisional Commissioner; accordingly, the learned Additional Divisional Commissioner, Aurangabad had no jurisdiction to entertain the Appeal.

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Ratio / Principle

An order passed without jurisdiction is a nullity; consequently, the order dated 01.01.2000 passed by the learned Additional Divisional Commissioner is set aside.

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Detailed headnote1 paragraphs

Grampanchayat disqualification — Appealability — Collector's order under Section 14B(1) of the Maharashtra Village Panchayats Act, 1959 rejecting a complaint or dropping proceedings for declaration that a Sarpanch/Member has incurred disqualification is not appealable before the Divisional Commissioner, as held by the Hon'ble Supreme Court in Shobhabai Narayan Shinde vs. The Divisional Commissioner, Nashik Division, Nashik and Others, [2022] 3 S.C.R. 1035. The Additional Divisional Commissioner, Aurangabad therefore had no jurisdiction to entertain Appeal No. 56/2018 against the Collector, Parbhani's order dated 11.06.2018; an order passed without jurisdiction is a nullity, and the Additional Divisional Commissioner's order dated 01.01.2000 disqualifying the Petitioners as Grampanchayat Members for five years was set aside. Writ Petition allowed.

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2025:BHC-AUG:19227

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901-WP-379-2020.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 379 OF 2020

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Vitthal Dnyanoba Bhise And Others

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VERSUS

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Digambar Shripatrao Bhise And Others

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• Mr. V. D. Salunke, Advocate for the Petitioners

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Mr. U. S. Hashmi h/f Mr. D. R. Deshmukh, Advocate for Respondent No. 1

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Mr. S. K. Shirse, AGP for the Respondent Nos. 2 to 4/State

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Mr. A. B. Kadethankar, Advocate for Respondent No. 5 *******

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CORAM:R. M. JOSHI, J
DATE:JULY 23, 2025

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PER COURT :

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1.This Petition takes exception to the order

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dated 01.01.2000 passed by the Additional Commissioner,
Aurangabad in Appeal No. 56/2018 whereby the order
passed by the Collector, Parbhani dated 11.06.2018 was
set aside and the Petitioners were disqualified as the

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Members of Grampanchayat for five years.

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2. Heard learned Counsels for both sides.

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3.The Hon'ble Supreme Court in case of Shobhabai
Narayan Shinde vs. The Divisional Commissioner, Nashik

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Division, Nashik and Others, [2022] 3 S.C.R. 1035, has

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PAGE 1 OF 2

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Umesh

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901-WP-379-2020.odt

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held that the order passed by the Collector under
Section 14B(1) of the Maharashtra Village Panchayats
Act, 1959 rejecting the complaint or to drop the
proceedings for declaration of a Sarpanch/Member having
incurred disqualified is not Appealable before the
Divisional Commissioner.

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4.In view of the said position of law settled by
the Hon'ble Supreme Court, it is held that the learned
Additional Divisional Commissioner, Aurangabad had no
jurisdiction to entertain the Appeal. Needless to say
that any order passed without jurisdiction is nullity
and hence, the order dated 01.01.2000 passed by the
learned Additional Divisional Commissioner, is set
aside.

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5.Petition stands allowed in above terms.

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PAGE 2 OF 2

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Umesh

Vitthal Dnyanoba Bhise and Others v. Digambar Shripatrao Bhise and Others

Case brief

What is this about?

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Vitthal Dnyanoba Bhise and Others v. Digambar Shripatrao Bhise and Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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