Case Note & Summary
The petitioner, Ashok Balasaheb Chaugule, was elected as a member of the Gram Panchayat of Tardal, Taluka Hatkanangale, District Kolhapur in 2007. Respondent No.5 filed an application seeking his disqualification under Section 14(1)(j1) of the Bombay Village Panchayats Act, 1958, alleging that the petitioner had more than two children. The petitioner had married Vijayalaxmi and had a son named Kunal born on 16 September 2003. Subsequently, the petitioner divorced Vijayalaxmi by a deed of divorce dated 24 March 2004. He then married Annapurna and had two children: a daughter born on 1 March 2008 and a son named Krutadnya born on 19 August 2009. Thus, the petitioner had three children in total. The Collector of Kolhapur District determined that a vacancy had arisen due to the disqualification, and the Additional Collector, Pune Division, Pune dismissed the petitioner's appeal. The petitioner challenged these orders by way of a writ petition before the Bombay High Court. The main legal issues were whether the disqualification under Section 14(1)(j1) applies to children from multiple marriages and whether the application for disqualification, filed three years after the election, was maintainable. The petitioner argued that the provision should be interpreted to apply only to children from a single marriage and that the first marriage was dissolved by divorce, so the child from that marriage should not be counted. He also contended that the application was belated. The respondents argued that the provision is clear and disqualifies a person who has more than two children, regardless of the number of marriages. The court analyzed the language of Section 14(1)(j1) and held that it does not restrict the counting of children to those from a single marriage. The court noted that the provision uses the words 'more than two children' without any qualification as to the source of the children. The court also rejected the argument of delay, stating that if a disqualification exists, it can be raised at any time. The court upheld the concurrent findings of the authorities below and dismissed the writ petition, confirming the disqualification of the petitioner.
Headnote
A) Panchayati Raj - Disqualification of Member - Section 14(1)(j1) Bombay Village Panchayats Act, 1958 - Counting of Children from Multiple Marriages - The petitioner had a son from his first marriage (divorced) and two children from his second marriage, totaling three children. The court held that the disqualification under Section 14(1)(j1) applies to all children born to the member, regardless of whether they are from a single marriage or multiple marriages, and irrespective of divorce. The provision does not restrict counting to children from a single marriage. (Paras 2-6) B) Panchayati Raj - Disqualification of Member - Section 14(1)(j1) Bombay Village Panchayats Act, 1958 - Belated Application - The petitioner argued that the disqualification application was filed after three years of his election and thus not maintainable. The court rejected this contention, holding that if a disqualification exists, it can be raised at any time; delay does not cure the disqualification. (Para 5) C) Panchayati Raj - Disqualification of Member - Section 14(1)(j1) Bombay Village Panchayats Act, 1958 - Interpretation of 'More Than Two Children' - The court interpreted the provision strictly, holding that the plain language disqualifies a person who has more than two children, irrespective of the number of marriages. The legislative intent is to promote family planning and limit the size of families. (Paras 6-7)
Issue of Consideration
Whether a member of a Gram Panchayat who has more than two children from two marriages (first marriage dissolved by divorce) is disqualified under Section 14(1)(j1) of the Bombay Village Panchayats Act, 1958, and whether the disqualification application is maintainable despite being filed after three years of election.
Final Decision
The writ petition is dismissed. The orders of the Collector and Additional Collector disqualifying the petitioner are upheld. Rule is discharged with no order as to costs.
Law Points
- Disqualification under Section 14(1)(j1) of Bombay Village Panchayats Act
- 1958 applies to all children born to the member
- irrespective of multiple marriages or divorce
- the provision does not restrict counting to children from a single marriage
- belated application does not bar disqualification if the disqualification exists.
