Case Note & Summary
The Bombay High Court at Nagpur disposed of two writ petitions challenging orders of disqualification against elected representatives. In Writ Petition No. 5034/2009, the petitioner Shrikrishna Wasudeo Dhage, a member of Panchayat Samiti, was disqualified under Section 16(1)(n) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 for having more than two children after the cut-off date of 12.09.2001. The fourth child was born on 23.11.2002, and the facts were not disputed. In Writ Petition No. 5658/2009, the petitioner Vandana Surendra Uke, Sarpanch of Gram Panchayat, was disqualified under Section 14(j3) of the Bombay Village Panchayat Act, 1958 for encroaching on 1300 sq. meters of government land. The court, after hearing arguments, found no merit in the petitions and dismissed both, upholding the disqualifications. The judgment was delivered by Justice B.P. Dharmadhikari on 15.02.2010.
Headnote
A) Panchayat Law - Disqualification - Having More Than Two Children - Section 16(1)(n) of Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 - The petitioner had a fourth child born on 23.11.2002 after the cut-off date of 12.09.2001, leading to disqualification. The court upheld the disqualification as the facts were not disputed. (Paras 1-2)
B) Panchayat Law - Disqualification - Encroachment on Government Land - Section 14(j3) of Bombay Village Panchayat Act, 1958 - The petitioner was found to have encroached on 1300 sq. meters of government land, leading to disqualification as Sarpanch and Member of Gram Panchayat. The court upheld the disqualification. (Para 2)
Issue of Consideration
Whether the disqualification of the petitioners under Section 16(1)(n) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 and Section 14(j3) of the Bombay Village Panchayat Act, 1958 is valid.
Final Decision
Both writ petitions are dismissed. The orders of disqualification are upheld.
Law Points
- Disqualification for having more than two children after cut-off date
- Disqualification for encroaching on government land
- Scope of Articles 226 and 227 of Constitution of India
- Interpretation of Section 16(1)(n) of Maharashtra Zilla Parishad and Panchayat Samitis Act
- 1961
- Interpretation of Section 14(j3) of Bombay Village Panchayat Act
- 1958
Case Details
2010 LawText (BOM) (02) 104
Writ Petition Nos.5034 & 5658 of 2009
Mr. A.M. Ghare (for petitioner in WP 5034/2009 and for respondent nos.3 and 4 in WP 5658/2009), Mr. S.D. Chopde (for respondent no.2 in WP 5034/2009), Mr. R.M. Mardikar (for respondent no.3 in WP 5034/2009), Mr. V.A. Thakre (for respondent no.5 in WP 5034/2009), Mr. M.V. Samarth (for petitioner in WP 5658/2009), Mrs. T.D. Khade (for respondent nos.1 and 2 in WP 5658/2009)
Shri Shrikrishna Wasudeo Dhage (in WP 5034/2009); Sou. Vandana Surendra Uke (in WP 5658/2009)
Shivcharan s/o Trimbakrao Kalne & Ors. (in WP 5034/2009); Additional Commissioner, Nagpur Division & Ors. (in WP 5658/2009)
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging orders of disqualification passed against elected representatives.
Remedy Sought
The petitioners sought to quash the orders of disqualification passed against them.
Filing Reason
The petitioners were disqualified from holding office as members of Panchayat Samiti and Sarpanch/Member of Gram Panchayat respectively.
Previous Decisions
In WP 5034/2009, the Additional Commissioner (respondent no.5) disqualified the petitioner under Section 58(1E) read with Section 16(1) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961. In WP 5658/2009, the petitioner was disqualified under Section 14(j3) of the Bombay Village Panchayat Act, 1958.
Issues
Whether the disqualification of the petitioner in WP 5034/2009 under Section 16(1)(n) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 for having more than two children after the cut-off date is valid.
Whether the disqualification of the petitioner in WP 5658/2009 under Section 14(j3) of the Bombay Village Panchayat Act, 1958 for encroaching on government land is valid.
Ratio Decidendi
The disqualification under Section 16(1)(n) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 for having more than two children after the cut-off date is valid when the facts are not disputed. Similarly, disqualification under Section 14(j3) of the Bombay Village Panchayat Act, 1958 for encroaching on government land is valid.
Judgment Excerpts
The disqualification is on account of having more than two children after the stipulated date.
Petitioner – Vandana in Writ Petition No. 5658/2009 is found disqualified to continue as Sarpanch and Member of Gram Panchayat [respondent no.3] under the provisions of Section 14[j3] of the Bombay Village Panchayat Act, 1958 as she has encroached on 1300 sq. meters of government land.
Procedural History
The petitioners filed writ petitions under Articles 226 and 227 of the Constitution of India challenging orders of disqualification passed by the Additional Commissioner (in WP 5034/2009) and by the competent authority (in WP 5658/2009). The court heard the matters and reserved judgment on 03.02.2010, pronouncing it on 15.02.2010.
Acts & Sections
- Constitution of India: Articles 226, 227
- Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961: Section 16(1)(n), Section 58(1E)
- Bombay Village Panchayat Act, 1958: Section 14(j3)
