Case Note & Summary
The petitioner, Smt. Sangeeta Sanjay Lakhote, was a candidate for the post of Sarpanch of Gram Panchayat, Butibori, Nagpur. She was disqualified by the respondents on the ground that she did not annex a caste validity certificate along with her nomination form. The petitioner challenged this disqualification by filing a writ petition before the Bombay High Court. The court considered the provisions of Section 101A of the Bombay Village Panchayats Act, 1958, which requires every person desirous of contesting an election to a reserved seat to submit along with the nomination paper a caste certificate and a validity certificate issued by the Scrutiny Committee. However, the second proviso to Section 101A allows a candidate to submit the validity certificate within a period of three months from the date of election. The petitioner argued that even if she failed to submit the validity certificate along with the nomination form, the second proviso protected her. The respondents contended that the disqualification was in conformity with Section 101A. The court, after hearing arguments and perusing the provisions, held that the second proviso to Section 101A permits submission of the validity certificate within three months from the date of election, and therefore the disqualification was not sustainable. The court allowed the petition and set aside the disqualification.
Headnote
A) Panchayat Law - Disqualification - Caste Validity Certificate - Section 101A, Bombay Village Panchayats Act, 1958 - Second proviso to Section 101A permits submission of caste validity certificate within three months from the date of election of the candidate - Petitioner was disqualified for not annexing caste validity certificate with nomination form - Court held that the second proviso protects the candidate and disqualification was not sustainable - Petition allowed (Paras 2-5).
Issue of Consideration
Whether a candidate contesting for the post of Sarpanch of Gram Panchayat can be disqualified for not annexing caste validity certificate along with nomination form, in light of the second proviso to Section 101A of the Bombay Village Panchayats Act, 1958
Final Decision
The court allowed the writ petition, set aside the disqualification of the petitioner, and directed that the petitioner be permitted to contest the election subject to compliance with the second proviso to Section 101A of the Bombay Village Panchayats Act, 1958.
Law Points
- Second proviso to Section 101A of Bombay Village Panchayats Act
- 1958 allows submission of caste validity certificate within three months from date of election
- disqualification for non-submission along with nomination is not automatic
