Case Note & Summary
The Petitioner, Shri Tanaji Jagannath Palave, an elected Member of Panchayat Samiti from Ward No.5 of Village Panchayat Mandave, filed a writ petition challenging the order dated 18/02/2021 passed by the Collector, Solapur, rejecting his Dispute Application No. 01/2021. The Petitioner sought disqualification of Respondent No.5, Nagarabai Jaywant Palave, who was elected as a Member from Ward No.4 in the same election held on 15.01.2021. The Petitioner alleged that Respondent No.5 had three children, thereby being disqualified under Section 14(b) of the Maharashtra Village Panchayats Act, 1959, which disqualifies a person having more than two children from being a Panchayat member. The Collector rejected the application on the ground that the children were from two different husbands and not from the same spouse, and thus the disqualification did not apply. The High Court examined the plain language of Section 14(b), which states that a person having more than two children is disqualified, without any exception for children from different relationships. The Court found the Collector's interpretation to be perverse and contrary to the legislative intent. The Court allowed the petition, quashed the Collector's order, and directed the Collector to disqualify Respondent No.5 from the post of Member of the Village Panchayat forthwith.
Headnote
A) Panchayat Law - Disqualification of Member - More Than Two Children - Section 14(b) Maharashtra Village Panchayats Act, 1959 - The issue was whether a person having three children from two different relationships is disqualified from being a Panchayat member. The Court held that the disqualification under Section 14(b) applies to any person who has more than two children, irrespective of whether the children are from the same spouse or different relationships. The Collector's order rejecting the disqualification application was perverse and set aside. (Paras 1-10)
B) Constitutional Law - Writ Jurisdiction - Perverse Order - The Court exercised its writ jurisdiction under Article 226 of the Constitution of India to quash the Collector's order dated 18/02/2021, which was found to be perverse and based on a misinterpretation of the law. The Court directed the Collector to disqualify Respondent No.5 from the post of Member of the Village Panchayat. (Paras 11-14)
Issue of Consideration
Whether Respondent No.5, who has three children, is disqualified from being a member of the Village Panchayat under Section 14(b) of the Maharashtra Village Panchayats Act, 1959, and whether the Collector's order rejecting the disqualification application is sustainable.
Final Decision
The High Court allowed the writ petition, quashed and set aside the impugned order dated 18/02/2021 passed by the Collector, Solapur, and directed the Collector to disqualify Respondent No.5 from the post of Member of the Village Panchayat, Mandave, forthwith.
Law Points
- Disqualification of Panchayat member
- more than two children
- Section 14(b) Maharashtra Village Panchayats Act
- 1959
- interpretation of 'children'
- perverse order
- writ jurisdiction
Case Details
2022 LawText (BOM) (03) 39
WRIT PETITION NO. 4784 OF 2021
S. J. KATHAWALLA, MILIND N. JADHAV
Mr. Sarang S. Aradhye for Petitioner, Mr. A.A. Kumbhkoni, Advocate General a/w Mr. P.P. Kakade, GP and Mr. A.I. Patel, AGP for State, Mr. Rupesh K. Bobade for Respondent No.5, Mr. Milind Shambharkar, Collector Solapur present by Video Conferencing
Shri. Tanaji Jagannath Palave
The State of Maharashtra, The Collector Solapur, The Tahsildar Malshiras, The State Election Commission, Nagarabai Jaywant Palave, Nagarabai Tanaji Palve
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Nature of Litigation
Writ petition challenging the order of the Collector rejecting a disqualification application under Section 14(b) of the Maharashtra Village Panchayats Act, 1959.
Remedy Sought
Petitioner sought quashing of Collector's order dated 18/02/2021 and disqualification of Respondent No.5 from the post of Member of Village Panchayat.
Filing Reason
Petitioner alleged that Respondent No.5 has three children and is disqualified under Section 14(b) of the Maharashtra Village Panchayats Act, 1959.
Previous Decisions
Collector, Solapur rejected the Dispute Application No. 01/2021 filed by the Petitioner on 18/02/2021.
Issues
Whether Respondent No.5 is disqualified under Section 14(b) of the Maharashtra Village Panchayats Act, 1959 for having more than two children.
Whether the Collector's order rejecting the disqualification application is perverse and liable to be set aside.
Submissions/Arguments
Petitioner argued that Respondent No.5 has three children and is thus disqualified under Section 14(b) of the Act.
Respondent No.5 contended that the children are from two different husbands and not from the same spouse, and therefore the disqualification does not apply.
Ratio Decidendi
The disqualification under Section 14(b) of the Maharashtra Village Panchayats Act, 1959 applies to any person having more than two children, irrespective of whether the children are from the same spouse or different relationships. The Collector's interpretation that the disqualification only applies if the children are from the same spouse is perverse and contrary to the plain language and legislative intent of the provision.
Judgment Excerpts
By the present petition, the Petitioner has, inter alia, prayed for the following reliefs: ...
The Petitioner is the elected Member of Panchayat Samiti from Ward No.5 of Village Panchayat - Mandave, the election to which was held on 15.01.2021.
It is the Petitioner's case that Respondent No.5 has three children and is thus disqualified under Section 14(b) of the Maharashtra Village Panchayats Act, 1959.
Procedural History
The Petitioner filed Dispute Application No. 01/2021 before the Collector, Solapur under Section 14(b) of the Maharashtra Village Panchayats Act, 1959, seeking disqualification of Respondent No.5. The Collector rejected the application on 18/02/2021. The Petitioner received the order on 23/02/2021 and filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: Section 14(b)
- Constitution of India: Article 226
