Case Note & Summary
The petitioner, Sau. Sujata W/o Prabhu Fendar, was elected as a member of the Panchayat Samiti from a seat reserved for women (OBC) in an election held on 06/07/2015. At the time of filing her nomination, she submitted her caste certificate but not the caste validity certificate, as it had not yet been issued by the Scrutiny Committee. Under Section 12A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (as it then stood), she was required to submit the caste validity certificate within six months from the date of declaration of the election result. She failed to do so because the certificate was not issued in time. Consequently, the Collector, by order dated 27/01/2017, disqualified her from continuing as a member. She challenged this order by way of a writ petition. During the pendency of the petition, the legislature amended Section 12A of the Act, first by the Maharashtra Act No. LXVI of 2018 (published on 14/12/2018) and then by the Maharashtra Ordinance No. II of 2019 (published on 14/02/2019). The amendment extended the time for submission of the caste validity certificate and provided that no disqualification shall be incurred if the certificate is submitted within the extended period. The Court considered whether the amendment should be applied retrospectively to the petitioner's case. The Court noted that the amendment was beneficial and intended to remove hardship faced by elected members who could not obtain the certificate within the original time limit due to delays by the Scrutiny Committee. The Court held that the amendment should be given retrospective effect to save the petitioner's membership. Accordingly, the Court quashed the Collector's order of disqualification and directed that the petitioner be allowed to continue as a member of the Panchayat Samiti, subject to her submitting the caste validity certificate within the time prescribed by the amended provision.
Headnote
A) Panchayati Raj - Disqualification of Member - Section 12A Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - Amendment - The petitioner was disqualified for failing to submit caste validity certificate within six months of election. Subsequent amendments (Maharashtra Act No. LXVI of 2018 and Maharashtra Ordinance No. II of 2019) extended the time for submission and provided that no disqualification shall be incurred if the certificate is submitted within the extended period. The Court held that the amendment is beneficial and should be applied retrospectively to save the petitioner's membership. (Paras 2-5) B) Statutory Interpretation - Retrospective Effect of Amendment - Section 12A Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The Court held that where an amendment is curative and intended to remove hardship, it should be given retrospective effect to avoid disqualification of elected members who could not obtain caste validity certificate within the original time limit due to no fault of their own. (Para 5)
Issue of Consideration
Whether the petitioner, who was disqualified for non-submission of caste validity certificate within six months of election, is entitled to benefit of subsequent amendment to Section 12A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, which extended the time for submission and validated past non-compliance.
Final Decision
The Court allowed the writ petition, quashed the Collector's order dated 27/01/2017 disqualifying the petitioner, and directed that the petitioner be allowed to continue as member of the Panchayat Samiti, subject to her submitting the caste validity certificate within the time prescribed by the amended Section 12A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
Law Points
- Retrospective operation of amendment
- beneficial construction of election law
- waiver of time limit for submission of caste validity certificate
