Case Note & Summary
The petitioner, Sou. Manisha Sanjay Waskar, was a member of the Zilla Parishad, Kolhapur, elected from Panchgaon constituency. Respondent No.1, Anil @ Bajirao Balaso Dhavan, challenged her election under Section 27 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, alleging that the petitioner was not qualified to be a candidate because she had not attained the age of 21 years on the date of filing her nomination. The respondent relied on the school register entry showing the petitioner's date of birth as 21st September 1984, which would have made her 20 years and 11 months old on the last date for filing nominations (15th September 2005). The petitioner contended that her correct date of birth was 21st September 1983, as per her birth certificate, school leaving certificate, and her own affidavit. The District Judge, Kolhapur, set aside the petitioner's election and declared respondent No.1 as elected. The petitioner challenged this decision before the Bombay High Court. The High Court examined the evidence, noting that the school register entry had been corrected, and the petitioner had consistently maintained her date of birth as 21st September 1983 in various documents. The Court held that the burden of proof lay on the election petitioner to establish disqualification, and the school register entry alone was not sufficient to discharge that burden, especially when there was evidence of correction. The High Court allowed the petition, set aside the judgment of the District Judge, and restored the petitioner's election.
Headnote
A) Election Law - Age Disqualification - Section 16 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - Burden of Proof - The election petitioner must prove beyond reasonable doubt that the returned candidate was disqualified on the ground of age. The school register entry is not conclusive proof of age, especially when there is evidence of correction and the candidate's own affidavit and other documents support a different date of birth. Held that the District Judge erred in relying solely on the school register without considering the possibility of error or correction (Paras 1-10).
Issue of Consideration
Whether the petitioner was disqualified from being a candidate for election to Zilla Parishad on the ground that she had not attained the age of 21 years on the date of nomination, based on the date of birth recorded in the school register.
Final Decision
The High Court allowed the writ petition, set aside the judgment of the District Judge, Kolhapur, and restored the election of the petitioner as a member of Zilla Parishad, Kolhapur.
Law Points
- Election law
- Age disqualification
- Burden of proof
- School record as evidence
- Section 16 Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
Case Details
2010 LawText (BOM) (06) 107
WRIT PETITION NO. 2805 OF 2010
Mr. N.V. Walawalkar with Mr. Amit P. Borkar for Petitioner; Mr. S.S. Patwardhan with Mr. Chetan Patil for Respondent No.1; Mr. R.M. Patne, Assistant Government Pleader for Respondent No.5
Sou. Manisha Sanjay Waskar
Anil @ Bajirao Balaso Dhavan (Panari) & Ors.
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Nature of Litigation
Election petition challenging the election of a Zilla Parishad member on the ground of age disqualification.
Remedy Sought
The petitioner sought to set aside the judgment of the District Judge, Kolhapur, which had declared her election void and declared respondent No.1 as elected.
Filing Reason
The petitioner's election was challenged by respondent No.1 on the ground that she was not qualified to be a candidate as she had not attained the age of 21 years on the date of nomination.
Previous Decisions
The District Judge, Kolhapur, allowed the election petition and set aside the petitioner's election, declaring respondent No.1 as elected.
Issues
Whether the petitioner was disqualified under Section 16 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 for not having attained the age of 21 years on the date of nomination.
Whether the school register entry is conclusive proof of age for the purpose of disqualification.
Submissions/Arguments
Respondent No.1 argued that the school register showed the petitioner's date of birth as 21st September 1984, making her 20 years and 11 months old on the last date for filing nominations.
The petitioner argued that her correct date of birth was 21st September 1983, as per her birth certificate, school leaving certificate, and affidavit, and that the school register entry had been corrected.
Ratio Decidendi
The burden of proof in an election petition alleging age disqualification lies on the election petitioner. The school register entry is not conclusive proof of age, especially when there is evidence of correction and the candidate's own documents support a different date of birth. The court must consider all evidence and not rely solely on the school register.
Judgment Excerpts
The petitioner had filed her nomination for contesting the election to Kolhapur Zilla Parishad from Panchgaon, Block No. 40.
The petitioner secured 10751 votes whereas respondent no. 1 secured 7554 votes.
Respondent No.1 questioned the election by filing a petition under Section 27 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
Procedural History
The petitioner was declared elected as a member of Zilla Parishad, Kolhapur. Respondent No.1 filed an election petition under Section 27 of the Act before the District Judge, Kolhapur, who allowed the petition and set aside the election. The petitioner then filed the present writ petition before the Bombay High Court.
Acts & Sections
- Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961: Section 16, Section 27
