Case Note & Summary
The petitioner, Priya Rahul Kokate, was elected as a member of the Gram Panchayat from a seat reserved for woman (OBC) in elections held on 07/08/2015, and subsequently became Sarpanch. At the time of nomination, she submitted her caste certificate but not the caste validity certificate as it had not been issued by the Scrutiny Committee. Under Section 101A of the Maharashtra Village Panchayats Act, 1958, she was required to submit the caste validity certificate within six months from the declaration of the election result. She failed to do so, and the Collector, by order dated 06/01/2017, disqualified her from continuing as a member and Sarpanch. The petitioner challenged this order. During the pendency of the petition, the provisions of Section 101A were amended by the Maharashtra Act No. LXVI of 2018, published on 14/12/2018, and further by the Maharashtra Ordinance No. II of 2019, published on 14/02/2019. These amendments retrospectively validated the position of members who could not submit the caste validity certificate within the stipulated time. The court, considering the beneficial nature of the amendments and the ordinance, held that the disqualification order was unsustainable and set it aside, allowing the petition.
Headnote
A) Panchayat Law - Disqualification - Caste Validity Certificate - Section 101A Maharashtra Village Panchayats Act, 1958 - The petitioner was disqualified for not submitting caste validity certificate within six months of election. Subsequent amendments and an ordinance retrospectively validated the position of members who could not submit the certificate within time. Held that the disqualification order is unsustainable and liable to be set aside (Paras 2-4).
Issue of Consideration
Whether the petitioner's disqualification as a member and Sarpanch of Gram Panchayat for non-submission of caste validity certificate within the stipulated period under Section 101A of the Maharashtra Village Panchayats Act, 1958, is sustainable in light of subsequent amendments and an ordinance that retrospectively validate the position of members who could not submit the certificate within time.
Final Decision
The court allowed the writ petition and set aside the order dated 06/01/2017 passed by the Collector, Akola, disqualifying the petitioner from continuing as member and Sarpanch of Gram Panchayat.
Law Points
- Retrospective amendment
- beneficial legislation
- disqualification
- caste validity certificate
- Gram Panchayat
- Section 101A Maharashtra Village Panchayats Act 1958
Case Details
2019 LawText (BOM) (02) 101
WRIT PETITION NO. 968/2017
Shri R.D. Dhande for petitioner; Shri V.P. Maldure, AGP for respondent nos. 1 and 4
The Collector, Akola; Vinayak Narayan Varale; The Secretary, Gram Panchayat, Boregoan; The Naib Tahsildar, Taluka Balapur
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Nature of Litigation
Writ petition challenging the order of disqualification passed by the Collector under Section 101A of the Maharashtra Village Panchayats Act, 1958.
Remedy Sought
The petitioner sought setting aside of the Collector's order dated 06/01/2017 disqualifying her as member and Sarpanch of Gram Panchayat.
Filing Reason
The petitioner was disqualified for not submitting caste validity certificate within six months of election, but subsequent amendments and an ordinance retrospectively validated her position.
Previous Decisions
The Collector, Akola, by order dated 06/01/2017 disqualified the petitioner from continuing as member and Sarpanch of Gram Panchayat.
Issues
Whether the disqualification order under Section 101A of the Maharashtra Village Panchayats Act, 1958 is sustainable in light of subsequent amendments and an ordinance that retrospectively validate the position of members who could not submit caste validity certificate within time.
Submissions/Arguments
The petitioner argued that she could not submit the caste validity certificate within six months as it was not issued by the Scrutiny Committee in time.
The respondents opposed the petition, but the court considered the subsequent amendments and ordinance.
Ratio Decidendi
The subsequent amendments and ordinance retrospectively validated the position of members who could not submit the caste validity certificate within the stipulated time, rendering the disqualification order unsustainable.
Judgment Excerpts
The petitioner got elected as member of the Gram Panchayat in the election which was held on 07/08/2015.
The learned Collector, by order dated 06/01/2017 disqualified the petitioner from continuing as the Member and Sarpanch of the Gram Panchayat.
The provisions of Section 101A of the Act of 1958 were amended initially by the Maharashtra Act No. LXVI of 2018.
Then the Maharashtra Ordinance No. II of 2019 is promulgated.
Procedural History
The petitioner was elected on 07/08/2015, disqualified by Collector on 06/01/2017, filed writ petition in 2017. During pendency, Section 101A was amended by Maharashtra Act No. LXVI of 2018 (published 14/12/2018) and further by Maharashtra Ordinance No. II of 2019 (published 14/02/2019). The court heard the matter on 25/02/2019 and allowed the petition.
Acts & Sections
- Maharashtra Village Panchayats Act, 1958: 101A
- Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018: 2
- Maharashtra Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) (Amendment) Ordinance, 2019: 2
