1 LPA No.275 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Letters Patent Appeal No.275 of 2011 In Writ Petition No.4056 Of 2011 With Civil Application No.11679 of 2011 In Letters Patent Appeal No.275 of 2011 Ramdas s/o. Kisan Kamble .. Appellant. Versus The Additional Divisional Commissioner Aurangabad Division, Aurangabad And Others .. Respondents. -------- Shri. Ravindra V Gore, Advocate, for appellant. Shri. V.B. Ghatge, Assistant Government Pleader, for respondent Nos.1 to 3. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 15th NOVEMBER 2011 ORAL ORDER : 1) Heard. 2) Respondent No.4 – original petitioner prayed for issuance of writ of certiorari in respect of order passed on 4-5-2011 by the Additional Divisional Commissioner Aurangabad in Appeal No.4 of 2011 and the order dated 2 LPA No.275 of 2011 30-12-2010 passed by the Additional Collector, Aurangabad. 3) The appellant’s contention is that, respondent No.4 – Shivaji Manohar Kale, who is working as a teacher in a private school, got elected as a Member of the Village Panchayat. Respondent No.4, according to the appellant, was disqualified to be a Member of the Village Panchayat in accordance with the provisions of 14(1)(i) of the Bombay Village Panchayats Act, 1958. Learned Single Judge rejected the contention of the appellant and allowed the writ petition and quashed and set aside the orders passed by the Additional Collector and the Additional Divisional Commissioner. 4) The learned counsel for the appellant submitted that the Court is required to interpret provisions of Section 14(1)(i) of the Act, 1958 to advance cause of justice. It was submitted that, while discharging duties as teacher, person should not be allowed to contest election of Village Panchayat. As the school, wherein respondent No.4 was discharging duties as teacher, was getting grants-in-aid from the Zilla Parishad, it shall be held that 3 LPA No.275 of 2011 respondent No.4 was holding post of office of profit. The counsel has placed reliance on the following judgments in support of his contentions : (1) Babasaheb Devram Sathe, v. Daga Mahadu Gavande, 2011(6) Mh.L.J. 449. (2) Shivamurthy Swami Inamdar v Chanbasangouda Hanimanthagouda Patil, 1971 (3) SCC 870. (3) Jaya Bachchan v Union of India, 2006 (5) SCC 266. (4) Shibu Soren v. Dayanand Sahay, 2001(7) SCC 425. (5) Consumer Education & Research Society v Union of India, (2009) 9 SCC 648. (6) M.V. Rajashekaran v. Vatal Nagaraj, (2002) 2 SCC 704. (7) Nayna Dnyanoba Pawar v. Vimal Nandkishor Mundada, 2008(1) Bom.C.R. 256. (8) Rabindra Kumar Nayak v. Collector, Mayurbhanj, (1999) 2 SCC 627. 5) We have perused the judgments cited supra, and the impugned judgment and order. We have considered the submissions advanced. 6) The provisions of Section 14(1) enumerate specific instances wherein a person is disqualified to be a Member of Panchayat. Respondent No.4 was working as a teacher at the relevant time. It is contended that the school was receiving grant from the Zilla Parishad. In the facts of the case and considering the provisions of law, we 4 LPA No.275 of 2011 are of the view that merely due to the fact that the school was getting grant from the Zilla Parishad, respondent No. 4 would not become a servant of any local authority. Term “local authority” has not been defined under the provisions of the Act, 1958. Learned Single Judge has, therefore, referred to the provisions of the General Clauses Act in this regard while dealing with the issue in para 9 of the judgment. 7) In case the submissions of learned counsel Shri. Gore for the appellant is accepted the same would amount to adding a portion to the statute more precisely to Section 14(1)(i) of the Act,1958 which is impermissible. 8) Considering the facts of the case and the provisions of law, we find that the view adopted by the learned Single Judge is sound and in consonance with the provisions of law. No interference is warranted by this Court. The Letters Patent Appeal is dismissed. Civil Application stands dismissed. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl