Case Note & Summary
The petitioner, Meena Babu Darade, filed a writ petition challenging the rejection of her nomination for the election of the village panchayat of Nafarwadi, Taluka Patoda, District Beed. She had submitted her nomination from Ward No.2 under the BCC(W) category. The Returning Officer rejected her nomination on the ground that she had three children and was disqualified under Section 14(j-1) of the Maharashtra Village Panchayats Act, 1959. The petitioner contended that she had only two children born after the specified date, and the third child was born earlier, thus the bar did not apply. The court examined the provision and found that the disqualification under Section 14(j-1) applies only if a person has more than two children born on or after the date specified in the Act. Since the petitioner had only two children born after the cut-off date, the rejection was illegal. The court allowed the petition, set aside the rejection order, and directed the Returning Officer to accept the nomination and proceed with the election in accordance with law.
Headnote
A) Election Law - Disqualification - Two-Child Norm - Section 14(j-1) of Maharashtra Village Panchayats Act, 1959 - The petitioner's nomination was rejected on the ground that she had three children and was disqualified under Section 14(j-1). The court examined the provision and found that the bar applies only if a person has more than two children born on or after the specified date. The petitioner had only two children born after the cut-off date, and the third child was born earlier. Held that the rejection was illegal and the nomination ought to have been accepted. (Paras 1-5)
Issue of Consideration
Whether the rejection of the petitioner's nomination for the village panchayat election on the ground that she has three children and is disqualified under Section 14(j-1) of the Maharashtra Village Panchayats Act, 1959 is valid.
Final Decision
The court allowed the writ petition, set aside the order of rejection of nomination, and directed the Returning Officer to accept the nomination of the petitioner and proceed with the election in accordance with law.
Law Points
- Interpretation of Section 14(j-1) of Maharashtra Village Panchayats Act
- 1959
- Two-child norm
- Rejection of nomination
- Scrutiny of nomination forms
- Election disqualification
Case Details
2022 LawText (BOM) (12) 21
Writ Petition No.12359 of 2022
Mr. Bhosale Mahesh S for Petitioner, Mr. A. B. Kadethankar for State Election Commission & Returning Officer, Mr. G. O. Wattamwar for Respondent / State
The Chief Election Commissioner, Election Commission of Maharashtra and Others
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Nature of Litigation
Writ petition challenging rejection of nomination for village panchayat election.
Remedy Sought
Petitioner sought to set aside the rejection of her nomination and to direct the Returning Officer to accept her nomination.
Filing Reason
The petitioner's nomination was rejected on the ground that she had three children and was disqualified under Section 14(j-1) of the Maharashtra Village Panchayats Act, 1959.
Previous Decisions
The Returning Officer rejected the nomination on the ground of having three children.
Issues
Whether the rejection of the petitioner's nomination under Section 14(j-1) of the Maharashtra Village Panchayats Act, 1959 is valid.
Submissions/Arguments
Petitioner argued that she had only two children born after the specified date, and the third child was born earlier, so the bar under Section 14(j-1) does not apply.
Respondents argued that the petitioner had three children and thus was disqualified.
Ratio Decidendi
The disqualification under Section 14(j-1) of the Maharashtra Village Panchayats Act, 1959 applies only if a person has more than two children born on or after the specified date. Since the petitioner had only two children born after the cut-off date, the rejection was illegal.
Judgment Excerpts
By the present writ petition, the petitioner is challenging the rejection of the nomination of the petitioner for the election of the village panchayat of village Nafarwadi, Taluka - Patoda, District – Beed.
The nomination is rejected by the Returning Officer on the ground that the petitioner has 3 children and she is not entitled to contest the election by virtue of bar under Section 14(j-1) of the Maharashtra Village Panchayats Act, 1959.
Procedural History
The petitioner submitted her nomination for the village panchayat election. The Returning Officer rejected the nomination on the ground of having three children. The petitioner then filed the present writ petition challenging the rejection.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: Section 14(j-1)
