Read Time: 06 minutes

Synopsis

The Bombay High Court has recently observed that politicians appear to have diverted from their primary responsibility to ensure public administration.

“The politicians take pride in showing each other down. The politicians appear to have diverted from their primary responsibility to ensure public administration is conducted impartially and neutrally. They also appear to have forgotten that the quality of a good politician is a vision and the power to implement that vision. They are supposed to take the state forward, make the commoner's life easy and comfortable, and educate people,” the court observed.

A single-judge bench of the high court in Aurangabad, headed by Justice SG Mehare was hearing a petition related to a panchayat election in the Ahmednagar district of Maharashtra.

The petitioners argued that the electoral members, who were the respondents in the case, had submitted their affidavit of election expense statements one day after the deadline set by election authorities.

The petitioners lodged a complaint with the collector, contending that the reason for the delay in filing the affidavit was not explained. However, the collector dismissed the complaint.

Subsequently, the petitioners sought redress from the divisional commissioner, who also rejected their complaints. Consequently, the petitioners approached the high court.

Upon examination, the high court determined that while the election expense was submitted on the designated date, the affidavit was filed a day later.

The bench acknowledged that the one-day delay occurred due to the respondents' suffering from COVID-19.

“The whole world knows the fear and effect of the Covid-19 pandemic. Everyone was afraid of his life. Many countries have declared lockdown. India had also declared a lockdown for a long period. When the respondents had to file the statement of the election expenses and affidavit, the Covid-19 pandemic was at its peak. The routine life of humans was highly affected. People were not allowed to move unnecessarily. Most of the Offices were shut down for routine work. There appears to be substance in the submission of the learned counsel for the respondents…” the court said.

The high court concluded that the collector and divisional commissioner had appropriately considered the complaints, and it was determined that the one-day delay was not intentional.

“The discussion made above leads this Court to record the finding that it was a delay of one day only. It was not deliberate. The reasons were plausible. Both authorities have correctly considered the same. The ratio of the Shaikh Nisar (supra) is squarely applied to the case at hand. The candidates who were democratically elected could not be sent back for such a small delay, which was beyond their control. Both impugned orders are free from infirmities and illegalities and do not warrant interference at the hands of this Court,” the order reads.

Case title: Dr. Ramnath & Ors vs Mangal & Ors