JUDGMENT : 1. Heard. 2. Rule. Rule made returnable forthwith. By consent of the parties, petition is taken up for final disposal at the stage of admission. 3. By this petition filed under articles 226 and 227 of the Constitution of India, the petitioner has challenged the order date 13.08.2018 passed by the learned Additional Divisional Commissioner, Aurangabaed Division, Aurangabad in appeal no.31/2018, thereby reversing the judgment and order dated 23.03.2018 passed by the learned Collector, Nanded. By virtue of the impugned order, it is held that the petitioner has incurred disqualification to continue to act as a member of village panchayat, Lohgaon, Tq. Biloli, Dist. Nanded. 4. Before adverting to deal with the submissions advanced by the learned counsel for the petitioner and the respondents, it is useful to refer few facts leading to filing of the petition. The petitioner claims to be the resident of village Lohgaon, Tq. Biloli, Dist. Nanded. In the election held in the month of October, 2015 for village panchayat Lohgaon, the petitioner got elected as a member of village panchayat Lohgaon. Thereafter, he got elected as a Sarpanch of the said village panchayat. After the period of more than 1½ year, the petitioner got elected as a member of village panchayat, the respondent no.5 filed a complaint alleging therein that the petitioner is residing in a house in which no toilet facility is provided and he is not regularly using the toilet. In the complaint made to respondent no.2, the respondent no.5 has alleged that while contesting the election as a member of village panchayat, the petitioner has created a false record showing that his dwelling house is provided with toilet facility and he is regularly using the same. It is further alleged that without any meeting of the Gramsabha being convened on 15.08.2015 and resolution no.5 passed in such meeting, the petitioner created a false record showing that such meeting was held and resolution no.5 has been passed in such meeting. He got issued certificate on the basis of such bogus resolution showing that his dwelling house provided with toilet. The village officer of village Lohgaon has helped the petitioner in issuing such certificate. Beside said allegations, the complainant has further alleged that the amount of Rs.80,000/- of village panchayat was misappropriated by the petitioner, Upsarpanch of the village and the village officer of village Lohgaon. The village officer of village Lohgaon has helped the petitioner in issuing such certificate. Beside said allegations, the complainant has further alleged that the amount of Rs.80,000/- of village panchayat was misappropriated by the petitioner, Upsarpanch of the village and the village officer of village Lohgaon. The complaint made by the respondent no.5 further alleges that while submitting nomination form to contest the election as a member of village panchayat, Lohgaon in the affidavit filed along with nomination form, the petitioner has concealed information regarding certain property owned by the petitioner at Nanded. The respondent no.5 urged the District Collector to remove the petitioner and Upsarpanch of village panchayat Lohgaon to act as a member of the village panchayat Lohgaon and further requested to take action against the village officer i.e. Gramsevak of village Panchayat Lohgaon. 5. Pursuant to the notice issued by the District Collector, Nanded, the petitioner appeared in the matter and put forth his defence by filing say. He denied the allegations levelled against him in the complaint. He has specifically pleaded that he has not incurred any disqualification, nor indulged into any act amounting to misappropriation of funds of village panchayat. He categorically stated that the toilet facility is provided in his house and he is regularly using the same. He has also enclosed the documents supporting his case with the reply filed. 6. The District Collector, Nanded directed the respondent no.3 i.e. Block Development Officer, Panchayat Samiti, Biloli to make spot inspection and file report. In compliance of the direction, the respondent no.3 visited the village and after inspection, submitted the report to the District Collector Nanded. The report was submitted on 14.09.2017 in which he has specifically mentioned that the house property bearing no.456 stands in the name of the petitioner found to be in collapsed about two years back and the petitioner found to be residing in house no. 562 standing in the name of the petitioner and Anitabai in which the toilet facility exits and he is using the toilet facility provided in said house. He also recorded his opinion in the report in respect of allegations in respect of misappropriation of the amount mad in the complaint. 7. 562 standing in the name of the petitioner and Anitabai in which the toilet facility exits and he is using the toilet facility provided in said house. He also recorded his opinion in the report in respect of allegations in respect of misappropriation of the amount mad in the complaint. 7. On due consideration of rival pleadings, submissions made and the report of spot inspection received from the Block Development Officer, the District Collector, Nanded vide order dated 23.03.2018 pleased to dismiss the complaint/application filed by the respondent no.5. Being aggrieved, the respondent no.5 preferred the appeal before the Additional Divisional Commissioner, Aurangabad Division, Aurangabad. The appeal came to be registered as Village Panchayat Appeal No.31/2018. By the impugned order dated 13.08.2018,the respondent no.1 i.e. the Additional Divisional Commissioner, Aurangabad Division, Aurangabad allowed the appeal and set aside the order passed by the District Collector, Nanded and also allowed the application made by respondent no.5. Being aggrieved, the petitioner has preferred this petition. 8. Learned counsel for the petitioner assailed the impugned order with contention that the order impugned is per se perverse, illegal and not sustainable in law. By referring the impugned order, the learned counsel pointed out that the order passed by the respondent no.1 is nothing but recording of rival contentions. It is pointed out that though the respondent no.1 has allowed the appeal, no reasons have been recorded to set aside the order passed by the District Collector, Nanded. In the order, except the observation that no proper action has been taken pursuant to complaint lodged by respondent no.5, no reason has been recorded to set aside the order passed by the District Collector, which was assailed in appeal filed by respondent no.5 It is contended that the manner in which the respondent no.1 has decided the appeal, clearly demonstrate the causal approach and act of arbitrariness on the part of respondent no.1 in deciding the matter as a quasi-judicial authority and having serious consequences. It is submitted that in case, the respondent no.1 has reached to conclusion that the District Collector has not properly dealt the complaint/petition filed by respondent no.5, then the proper course available before him to refer back the matter for fresh decision to the District Collector, Nanded. The evidence produced by the petitioner as well as the report of spot inspection neither considered nor discussed while passing the impugned order. The evidence produced by the petitioner as well as the report of spot inspection neither considered nor discussed while passing the impugned order. It is pointed out that taking note of such arbitrariness on the part of quasi-judicial authority to deal with the appeals, revisions, review applications, this Court in the case of Savitribai Chandrakesh Pal Vs. State of Maharashtra and others reported in 2009 (4) All M.R. 194 has laid down the guidelines to be followed by the quasi-judicial authority. It is further pointed out that in the case of Kum. Nirmala Tikana Giripo Vs. State of Maharashtra reported in 2009 (1) All M.R. 91, the Division Bench of this Court has specifically held that the basic rule of law and natural justice require the recording of reasons in support of the order passed by the quasi-judicial authority. The order to be passed by such quasi-judicial authority must be self explanatory and should not keep the higher Court guessing for reasons. It is further observed that reasons provides the live link between the conclusion and evidence which provides safe guard against the arbitrariness and prejudice. In the background of the over all facts of the case and the order impugned, the learned counsel submits that the order passed is totally unsustainable in law and liable to be quashed and set aside. 9. On the other hand, learned counsel representing the respondent no.5 though supported the order passed, but fairly conceded that the reasons to arrive to such conclusion to allow the appeal has not been recorded in the order passed by the respondent no.1. He submits that the complaint filed by the respondent no.5 coupled with the documents is sufficient to demonstrate that no toilet facility was provided in the house of the petitioner and the petitioner has indulged in to act of creating false record in connivance with village officer of village panchayat Lohgaon. Learned counsel further submits that in case this Court is of the view that the order passed is bad in law ;for want of recording of reasons, then the case be remanded back for fresh decision to respondent no.1 to decide the appeal afresh in time bound manner. 10. Learned counsel further submits that in case this Court is of the view that the order passed is bad in law ;for want of recording of reasons, then the case be remanded back for fresh decision to respondent no.1 to decide the appeal afresh in time bound manner. 10. On due consideration of submissions advanced in the light of the impugned order dated 13.08.2018, passed by Shri Shivanand Taksale, Additional Divisional Commissioner, Aurangabad Division, Aurangabad, I have no hesitation to hold that the impugned order is cryptic, unreasoned and passed in most arbitrary and casual manner. The manner in which the respondent no.1 has decided the appeal, reflects upon the overall ability and competence of respondent no. 1 to discharge the statutory function as the appellate authority. 11. Although the order passed by respondent no.1 runs into five pages, but the order is nothing but narration of the case of appellant and respondent and the arguments advanced by their respective advocates. Only reason recorded for allowing the appeal recorded in the order reads as under: xxx xxx xxx 12. By no stretch of imagination, the above quoted reason can be treated as a reasons to decide the statutory appeal by a high ranking officer of the level of Divisional Commissioner. In the entire order, the respondent no.1 has not recorded the reasons on the basis of which he has reached to the conclusion that no proper action has been taken on the part of respondent no.1. The respondent no.5 has filed the petition/complaint to disqualify the petitioner to continue to act as a member of the village panchayat Lohgaon by alleging that the dwelling house of petitioner is not provided with toilet facility and he is not regularly using the toilet facility and thereby incurred disqualification to continue to act as a member of village panchyat as contemplated under section 14(1)(J-5) of the Maharashtra Village Panchayat Act. Without going into the merit of the matter and considering rival case as well as the documents and the reasons recorded by the District Collector, Nanded, the appeal has been allowed by respondent no.1. In the entire order, there is no reflection of application of mind and reason which prompted the respondent no.1 to allow the appeal. Without going into the merit of the matter and considering rival case as well as the documents and the reasons recorded by the District Collector, Nanded, the appeal has been allowed by respondent no.1. In the entire order, there is no reflection of application of mind and reason which prompted the respondent no.1 to allow the appeal. Except the observation that no proper action has been taken pursuant to the complaint/petition filed by the appellant, no reason is mentioned in the order to set aside the order passed by respondent no.2. In case, the respondent no.1 has formed the view that the case was not properly conducted by the District Collector, Nanded, then the only course available before him to set aside the order and remand the case for the fresh decision to District Collector, Nanded by giving appropriate directions in the matter. Allowing the appeal and setting aside the order passed by the District Collector, without dealing with merit of the case and recording reason was not expected on the part of high ranking official of the level of Additional Divisional Commissioner. 13. In the case of Kum. Nirmal Tikana Giripo (supra), while dealing with the case decided by the quasi-judicial authority this Court has observed that, the basic rule of law and natural justice requires recording of reasons in support of the order passed by quasi-judicial authority. So also, the order to be passed by the quasi-judicial authority must be self explanatory and should not keep higher Court to guess the reason in passing the order. It is further observed that the reason recorded in the order provide live link between the conclusion and evidence and provide safe guard against the arbitrariness and prejudice. So also it helps the higher Court/authority to read the manifestation of mind of the adjudicator and also helps the higher authority in judging the validity of the order under challenge. It is further observed that in absence of speaking order, the defect cannot be cured by filing affidavit giving reasons in support of such order. It is quite settled posing in law that when a statutory authority makes an order based on certain grounds, then validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of evidence or otherwise. 14. It is quite settled posing in law that when a statutory authority makes an order based on certain grounds, then validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of evidence or otherwise. 14. In the case of Savitribai Chandrakesh Pal (supra) while dealing with the case involving similar facts, this Court has directed the State Government to place on record the procedure normally followed and adopted by all the departments of the State Government of Maharashtra while hearing and deciding the quasi-judicial proceedings such as appeals, revisions, review applications and/or stay applications. Pursuant to the order passed in said case, the State Government constituted a committee consisting of the Chief Secretary, Law and Judiciary with the officers of General Administration Department and the Special Counsel representing the State Government in said case to streamline the procedure of hearing and deciding quasijudicial proceedings by the officers of the State Government including the Hon'ble Ministers of the respective departments. The Amicus Curie appointed by the Court also included in the committee. The said committee submitted its report. Based upon the report of the said committee, the guidelines were framed and procedure has been laid down thereby prescribing the mode and manner of hearing the revisions, appeals, review applications including applications for interim reliefs by the State Government and its functionaries, so as to streamline the decision making process. The report submitted to the Court was accepted by the Court. In exercise of powers conferred under articles 226 and 227 of the Constitution of India, this Court in the case of Savitribai Chandrakesh Pal (supra) has framed the procedural guidelines for quasi-judicial authorities. By the guidelines laid down, the procedure has been prescribed to be adopted by the quasi-judicial authorities including Ministers, Secretaries, officers and litigants while hearing and determining appeals, revisions, review applications and interim applications etc. Para 17, 18 and 19 of the said judgment reads as under:- “17. By the guidelines laid down, the procedure has been prescribed to be adopted by the quasi-judicial authorities including Ministers, Secretaries, officers and litigants while hearing and determining appeals, revisions, review applications and interim applications etc. Para 17, 18 and 19 of the said judgment reads as under:- “17. This Court in exercise of powers conferred under Articles 226 and 227 of the Constitution of India prescribes the following procedure to be adopted by quasi-judicial authorities including the Ministers, Secretaries, officials and litigants while hearing and determining appeals, revisions, review applications and interim applications etc.: (1) Memo of appeal or revision, review and or any application shall specifically mention under which enactment and/or under what provisions of law the said appeal/ review/ revision or application is filed. (2) The appellant/ applicant shall give a synopsis of concise dates and events along with the memo of appeal or revision. (3) The appeal, revision and/or application shall be filed within a period stipulated under the law governing the subject from the receipt of the order/ decision which is impugned in the above matter. In the event of delay, it should only be entertained along with application for condonation of delay. (4) At the time of presentation of the appeal, review or revision, the applicant shall, if, filed in person, establish his identity by necessary documents or he shall file proceedings through authorised agent, and/or advocate. (5) The application shall be accompanied by sufficient copies for every opponents/respondents and also supply 2 extra copies for the authorities. (6) For issuance of summons to the opponents/ respondents, court fees/postal stamps of sufficient amount shall be affixed on the application form/ memo of appeal or revision as the case may be. (7) In addition to service through the authority, appellant/ applicant may separately send the additional copies to each of the opponents/ respondents by registered post acknowledgement due and may file affidavit of service along with evidence of despatch. The postal and acknowledgment alone should be treated as evidence of service in the event of service through postal authority. (8) In the event of an urgency of obtaining an interim relief like stay, injunction/ other interim order or direction or status-quo etc, a specific case of urgency should be made out in the application, which the authority may entertain subject to the brief reasons recorded. (8) In the event of an urgency of obtaining an interim relief like stay, injunction/ other interim order or direction or status-quo etc, a specific case of urgency should be made out in the application, which the authority may entertain subject to the brief reasons recorded. The said order shall also be communicated immediately to all the effected persons. The proof of timely despatch of the Registered A.D.s and all the acknowledgments shall be separately maintained. (9) If there is real urgency, the concerned authority may grant ex parte interim/ adinterim relief for the reasons to be recorded for a particular period only within which time the service on the concerned opponents/ respondents shall be effected. Appellant/ applicant should file affidavit of service, if such party requires early hearing or continuation for interim relief or of an appeal, revision or review. (10) The competent authority shall also communicate the next date of hearing to all the parties along with time and place and shall, as far as possible, adhere to the said date and time of hearing. (11) The concerned official in every department should be asked to remain present at the time of hearing and assist the concerned authority in the matter. (12) Reasonable sufficient time be provided between the date of receipt of notice and the actual date of hearing. If any party is unable to remain present at the time of hearing for a sufficient cause, one further opportunity should be given to such party for hearing. (13) The authority hearing quasi-judicial matters shall duly fix a date, time and venue for such hearing. Such authority shall refrain from interacting with third party during the course of hearing either in person or on phone and shall not do any act which would tend to affect or prejudice fair hearing. (14) A speaking order shall be passed by the authority hearing the matter as early as possible after the hearing is concluded and, as far as possible, within a period of four to eight weeks from the conclusion of the hearing, on the basis of the record before it as well as the submissions made at the hearing. The order must contain reasons in support of the order. The order must contain reasons in support of the order. (15) The authority shall not receive information or documents after the hearing is concluded and/or shall not pass the speaking order on the basis of such documents and/or information unless such material is brought to the notice of the parties to the proceedings following rules of natural justice. (16) The order passed by the quasi-judicial authority on the hearing shall be forthwith communicated to all the parties by Registered A.D. (17) No application or request or prayer from the political worker, Member of Legislative Assembly, Member of Parliament or third party shall be entertained in the quasi-judicial proceedings unless such person is a party respondent or intervenor in the proceedings. (18) The order pronounced shall be communicated to the parties immediately. (19) Record of hearing shall be meticulously maintained in a separate Roznama. (20) The notings of concerned officials/ law assistants to assist the authority shall include only content of facts and legal provisions along with case laws, if any. (21) The notings made by the law officials/concerned officials shall not be in the form of order. 118. In addition to the above guidelines, the quasijudicial authorities shall also follow the parameters laid down by this Court in the case of Lokmanya Nagar Priyadarshini v. State of Maharashtra, 2007 (1) Bom.C.R. 929 , which read as under: PARAMETERS "(a) While considering the stay application, the authority concerned should at least briefly set out case of the applicant/ appellant, as the case may be. (b) While granting the ex parte order, it should be granted for a shorted duration with short notice to the opponents. (c) If ex parte stay is to be granted, then the authority passing the order should specify the reasons in short for grant of ex parte order. (d) The Authority passing the order should, (i) record its findings as to whether or not a prima facie case is made out with short reasons in support of the finding; (ii) record its finding as to in whose favour balance of convenience lies, and (iii) record its finding whether non-grant of interim relief would cause any prejudice to the person seeking interim relief. (e) The ingredients at (d) (i) to (iii) should be discussed and positive finding should be recorded while granting or refusing to grant interim relief." 19. (e) The ingredients at (d) (i) to (iii) should be discussed and positive finding should be recorded while granting or refusing to grant interim relief." 19. The aforesaid procedural guidelines shall also be applicable to all quasi-judicial authorities in respect of hearing of appeals, revisions, review applications/ interlocutory applications, where there are no specific rules prescribed for hearing under a specific law like Maharashtra Co-operative Societies Act, Bombay Tenancy and Agricultural Lands Act, etc.” 15. The manner in which the impugned order has been passed by the respondent no.1 poorly reflects upon the competence of the respondent no.1 to discharge the statutory obligation as a quasi-judicial authority and particularly an appellate authority. It also reveals that the respondent no.1 is not aware the guidelines laid down as to the conduct of cases by the quasi-judicial authority and requirement of law to pass reasoned and speaking orders. The order passed in the instant case reflects the complete arbitrariness and non application of mind on the part of respondent no.1 in passing the impugned order. In the capacity as an appellate authority over the order passed by the District Collector i.e. respondent no.2, the respondent no.1 ought to have scrutinized the order passed in the light of the challenges raised in the appeal. On examining the grounds on which the order has been challenged by appellant and rival contentions, the respondent no.1 ought to have passed speaking order supporting his conclusion as an appellate authority. The scrutiny of the order as well as the material placed by both the sides ought to have considered by the respondent no.1 as an appellate authority while passing the order. However, none of the requirement as contemplated in law observed on the part of the respondent no.1 as an appellate authority followed on the part of respondent no.1 in passing the impugned order. In that view, the impugned order is not sustainable in law and deserves to be set aside as it leads to causing serious miscarriage of justice to both the parties. 16. In absence of the reasons recorded by the respondent no.1 in passing the impugned order, the merit of the case of the petitioner as well as the respondent no.5 cannot be examined by this Court. 16. In absence of the reasons recorded by the respondent no.1 in passing the impugned order, the merit of the case of the petitioner as well as the respondent no.5 cannot be examined by this Court. In view of the conclusion to which I have reached that the impugned order is per se, illegal, arbitrary, cryptic and not sustainable in law, the order deserves to be set aside and the case needs to be remanded back to appellate authority. In normal course, the matter ought to have been remanded back to respondent no.1 i.e. the Additional Divisional Commissioner, Aurangabad Division, Aurangabad who has passed the impugned order. Since, this Court has formed the view that the respondent no.1 has failed to discharge the obligations as an appellate authority, I am inclined to direct that the matter be placed before the Divisional Commissioner, Aurangabad Division, Aurangabad to decide the appeal afresh. 17. It is clarified that this Court has not dealt with merit of the case and none of the observations recorded above shall have bearing upon the decision of the case on merit by the appellate authority. 18. In the result, the following order is passed:- ORDER (ii) The writ petition is allowed in terms of prayer clause 'B'. (ii) The impugned order dated 13.08.2018 passed by respondent no.1 i.e. Additional Divisional Commissioner, Aurangabad Division, Aurangabad the respondent no.1 in appeal no.DB/ZPVP/Cell/31/2018 is set aside. (ii) The case is remanded to Divisional Commissioner, Aurangabad Division, Aurangabad for deciding the appeal afresh by giving opportunity of hearing to the petitioner as well as respondent no.5.. (iii) The parties are directed to appear before the Divisional Commissioner, Aurangabad Division, Aurangabad on 10.10.2018 at 11.00 a.m. (iv) The Divisional Commissioner, Aurangabad Division, Aurangabad is directed to hear and decide the appeal as expeditiously as possible and preferably within the period of three months from the date of appearance of the parties. (iii) The parties are directed to appear before the Divisional Commissioner, Aurangabad Division, Aurangabad on 10.10.2018 at 11.00 a.m. (iv) The Divisional Commissioner, Aurangabad Division, Aurangabad is directed to hear and decide the appeal as expeditiously as possible and preferably within the period of three months from the date of appearance of the parties. (v) In order to avoid such instances and to ensure that the quasi-judicial authorities working under the Divisional Commissioner, to follow the above mentioned guidelines and pass speaking orders, the Divisional Commissioner, Aurangabad Division, Aurangabad may consider to take review of the work of all the officers working under him and discharging the duties as quasi-judicial authorities and to issue appropriate directions so as to ensure that no miscarriage of justice being resulted to the litigants on account of casual approach on the part of quasijudicial authorities. (vi) Rule made absolute in the above terms with no order as to costs. (vii) The Registrar (Judicial) is directed to forward the copy of this order to Divisional Commissioner, Aurangabad Division, Aurangabad for perusal and taking necessary action.