Case Note & Summary
The petitioner, a resident of village Rehkuri, filed a dispute before the Collector alleging that respondent No. 3, a elected member of the Village Panchayat, had incurred disqualification under Section 14(1)(j-1) of the Maharashtra Village Panchayat Act, 1959, as she had more than two children. The petitioner claimed that respondent No. 3's third son, Akash, was born on 1st October 2001, after the cut-off date of 13th September 2001. The petitioner relied on a birth certificate issued by the Village Officer and a bona fide certificate from the Headmaster of Shri Amarnath Vidyalaya, Karjat. The Collector dismissed the dispute, and the Additional Commissioner dismissed the appeal. The petitioner then filed a writ petition in the Bombay High Court. The court examined the evidence and found that the birth certificate and school leaving certificate were not reliable. The birth certificate was not from the competent authority under the Births and Deaths Registration Act, and the school leaving certificate showed the date of birth as 1st October 2001 but was not corroborated by other evidence. The court held that the burden of proof was on the petitioner to establish disqualification, and he failed to discharge it. The petition was dismissed, and the orders of the Collector and Additional Commissioner were upheld.
Headnote
A) Village Panchayat Act - Disqualification - Section 14(1)(j-1) - Burden of Proof - The petitioner alleged that respondent No. 3 had a third child born after the cut-off date, thus disqualified. The court held that the burden lies on the petitioner to prove disqualification. The birth certificate and school leaving certificate produced were found unreliable due to inconsistencies and lack of corroboration. The petition was dismissed. (Paras 2-8)
Issue of Consideration
Whether respondent No. 3 incurred disqualification under Section 14(1)(j-1) of the Maharashtra Village Panchayat Act, 1959 by having more than two children, specifically whether the third child was born after the cut-off date of 13th September 2001.
Final Decision
The writ petition is dismissed. The orders of the Collector dated 8th March 2016 and the Additional Commissioner dated 3rd July 2017 are upheld.
Law Points
- Disqualification under Section 14(1)(j-1) of Maharashtra Village Panchayat Act
- 1959
- Burden of proof on petitioner to establish disqualification
- Birth certificate as evidence
- Reliability of school leaving certificate
Case Details
2021 LawText (BOM) (04) 12
Writ Petition No. 14440 of 2017
Mr. Abhijit S. More for petitioner; Mr. S.B. Pulkundwar, A.G.P. for respondent Nos.1 and 2; Mr. V.V. Tarde for respondent No.3
The Additional Commissioner, Nashik Division, Nashik; The Additional Collector, Ahmednagar; Sanjana Sunil Mandge
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Nature of Litigation
Writ petition challenging orders of Collector and Additional Commissioner dismissing dispute regarding disqualification of village panchayat member.
Remedy Sought
Petitioner sought quashing of orders dated 8th March 2016 and 3rd July 2017 and declaration that respondent No. 3 is disqualified.
Filing Reason
Petitioner alleged that respondent No. 3 had three children, with the third child born after the cut-off date, thus disqualified under Section 14(1)(j-1) of the Act.
Previous Decisions
Collector dismissed dispute on 8th March 2016; Additional Commissioner dismissed appeal on 3rd July 2017.
Issues
Whether respondent No. 3 incurred disqualification under Section 14(1)(j-1) of the Maharashtra Village Panchayat Act, 1959 by having more than two children.
Whether the birth certificate and school leaving certificate produced by the petitioner are reliable evidence to prove the date of birth of the third child.
Submissions/Arguments
Petitioner argued that respondent No. 3's third son Akash was born on 1st October 2001, after the cut-off date, and she is disqualified.
Respondent No. 3 contended that the birth certificate is not from a competent authority and the school leaving certificate is not reliable.
Ratio Decidendi
The burden of proving disqualification under Section 14(1)(j-1) of the Maharashtra Village Panchayat Act, 1959 lies on the petitioner. The birth certificate and school leaving certificate produced were found unreliable and insufficient to establish that the third child was born after the cut-off date.
Judgment Excerpts
This petition calls in question the legality, propriety and correctness of the order passed by the Collector, Ahmednagar in Village Panchayat Dispute No. 101/2015, dated 8th March 2016, whereby the dispute raised by the petitioner alleging that respondent No. 3 had incurred disqualification under Section 14 (1) (j-1) of the Maharashtra Village Panchayat Act, 1959, as she had more than two children, was dismissed and the order dated 3rd July 2017 passed by the Additional Commissioner, Nashik Division, Nashik in Appeal No. 43/2016, whereby the appeal thereagainst also came to be dismissed.
Procedural History
Petitioner filed dispute before Collector on 8th March 2016, which was dismissed. Appeal to Additional Commissioner was dismissed on 3rd July 2017. Petitioner then filed writ petition in High Court.
Acts & Sections
- Maharashtra Village Panchayat Act, 1959: Section 14(1)(j-1)
