Case Note & Summary
The petitioner, Dnyaneshwar Patiram @ Ratiraj Shirbhiye, was elected as Member and Sarpanch of Gram Panchayat Wadala on 28-8-2005. Respondent No.3, Gopichand Urkude, filed an objection before the Collector under Section 16(2) of the Bombay Village Panchayats Act, 1958, alleging that the petitioner had incurred disqualification under Section 14(1)(j-1) of the Act because a fourth child, Harshal, was born to him on 16-2-2002, after the cut-off date of 12-9-2001. The Additional Collector, Chandrapur, rejected the objection by order dated 28-2-2006, holding that since the child died on 21-2-2002, there was no increase in the number of children after the cut-off date, and the first proviso to Section 14(1)(j-1) protected the petitioner. Respondent No.3 appealed to the Divisional Commissioner, Nagpur, who reversed the Additional Collector's order on 8-11-2006, holding that there was an increase in the number of children after 12-9-2001 and the petitioner was not protected by the proviso. The petitioner challenged this order by way of a writ petition. The legal issue was whether the first proviso to Section 14(1)(j-1) applies when a child is born alive after the cut-off date but dies shortly thereafter. The petitioner argued that since the child died, there was no increase in the number of children, while the respondents contended that the birth of a live child itself constitutes an increase. The court analyzed the language of the provision and held that the first proviso protects only if there is no increase in the number of children after the cut-off date. The birth of a live child, even if it dies subsequently, results in an increase in the number of children. The court noted that the purpose of the provision is to discourage having more than two children after the cut-off date, and the birth of a live child defeats that purpose. The court dismissed the petition, upholding the order of the Divisional Commissioner and confirming the petitioner's disqualification.
Headnote
A) Panchayati Raj - Disqualification - Section 14(1)(j-1) and its first proviso, Bombay Village Panchayats Act, 1958 - Interpretation - The petitioner, a Sarpanch, had a fourth child born on 16-2-2002 who died on 21-2-2002. The Additional Collector held that there was no increase in number of children after the cut-off date of 12-9-2001, but the Divisional Commissioner reversed this. The High Court held that the birth of a live child constitutes an increase in the number of children, and the subsequent death does not erase that increase. The first proviso only protects if there is no increase in the number of children after the cut-off date. Since the child was born alive, there was an increase, and the petitioner is disqualified. (Paras 4-6) B) Panchayati Raj - Disqualification - Section 14(1)(j-1) and its first proviso, Bombay Village Panchayats Act, 1958 - Purpose - The provision aims to discourage having more than two children after the cut-off date. The birth of a live child, even if it dies soon after, defeats the purpose of the provision. The court held that the disqualification is attracted regardless of the child's survival. (Para 6)
Issue of Consideration
Whether the first proviso to Section 14(1)(j-1) of the Bombay Village Panchayats Act, 1958 protects a person whose fourth child was born alive after the cut-off date of 12-9-2001 but died shortly thereafter, thereby not increasing the number of children.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Divisional Commissioner dated 8-11-2006, and confirming the disqualification of the petitioner as Member and Sarpanch of Gram Panchayat Wadala.
Law Points
- Disqualification under Section 14(1)(j-1) of Bombay Village Panchayats Act
- 1958
- First proviso to Section 14(1)(j-1) applies only if there is no increase in number of children after cut-off date
- Birth of a live child constitutes increase in number of children even if child dies subsequently
- Interpretation of statutory provisions regarding disqualification for having more than two children
