Nagpur – In a significant development, the High Court has quashed the order passed by the Additional Commissioner that had upheld the disqualification of Shriram Dhote, member and Sarpanch of the Borgao Gram Panchayat.
The disqualification was initially ordered by the District Collector on March 3, 2025. Challenging this, Dhote had approached the office of the Divisional Commissioner, where the Additional Commissioner, through an order dated March 26, 2025, upheld the Collector’s decision.
Gold Rate
15April 2025
Following this, Dhote filed a writ petition in the High Court, seeking a stay on the disqualification order. After hearing arguments from both sides, the High Court set aside the March 26 order issued by the Additional Commissioner and directed that the matter be heard afresh, as per law.
During the hearing, Dhote’s counsel argued that while the Additional Commissioner dismissed the petition, no reasons were cited for the same. The Court observed that although the Assistant Government Pleader attempted to justify the order, the fact remained that it was passed without providing any reasons.
Referring to the Supreme Court’s judgment in Assistant Commissioner, Commercial Tax Department, Works Contract and Leasing, Kota vs Shukla & Brothers [(2010) 4 SCC 785], the High Court emphasized the importance of reasoned orders. It noted that failure to state reasons amounts to denial of justice, and that giving reasons is a fundamental principle of law and an essential part of procedural justice.
In light of this, the High Court accepted the writ petition and directed the Additional Commissioner to reconsider the stay application afresh in accordance with the law and the main findings of the order. Dhote has also been instructed to appear before the Additional Commissioner for further proceedings.
