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 member and Sarpanch. The petitioner challenged this order by way of a writ petition. During the pendency of the petition, the Maharashtra Legislature amended Section 101A by the Maharashtra Act No. LXVI of 2018, published on 14/12/2018, and subsequently promulgated the Maharashtra Ordinance No. II of 2019, published on 14/02/2019, which further amended the earlier amendment. The court considered the effect of these legislative changes. The court held that the amendments and the ordinance were beneficial in nature and intended to provide relief to persons like the petitioner who could not submit the caste validity certificate within the stipulated time. The court allowed the petition, set aside the Collector's order dated 06/01/2017, and directed that the petitioner be reinstated as member and Sarpanch of the Gram Panchayat.
Headnote
A) Panchayat Law - Disqualification - Caste Validity Certificate - Section 101A Maharashtra Village Panchayats Act, 1958 - Amendment and Ordinance - The petitioner was disqualified for non-submission of caste validity certificate within six months. Subsequent amendments and an ordinance extended the time for submission and provided for condonation of delay. The court held that the beneficial provisions apply retrospectively to pending cases, and the disqualification order was set aside. (Paras 2-4)
Issue of Consideration
Whether the petitioner's disqualification as member and Sarpanch of Gram Panchayat for non-submission of caste validity certificate within six months under Section 101A of the Maharashtra Village Panchayats Act, 1958 is sustainable in light of subsequent amendments and ordinance.
Final Decision
The court allowed the writ petition, set aside the order dated 06/01/2017 passed by the Collector, Akola, and directed that the petitioner be reinstated as member and Sarpanch of the Gram Panchayat.
Law Points
- Retrospective operation of amendment
- beneficial construction
- disqualification for non-submission of caste validity certificate
- Section 101A Maharashtra Village Panchayats Act 1958
Case Details
2019 LawText (BOM) (03) 121
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 disqualification order passed by Collector under Section 101A of Maharashtra Village Panchayats Act, 1958.
Remedy Sought
Petitioner sought setting aside of the Collector's order dated 06/01/2017 disqualifying her as member and Sarpanch of Gram Panchayat.
Filing Reason
Petitioner was disqualified for non-submission of caste validity certificate within six months of election result declaration.
Previous Decisions
Collector, Akola passed order dated 06/01/2017 disqualifying the petitioner.
Issues
Whether the disqualification of the petitioner under Section 101A of the Maharashtra Village Panchayats Act, 1958 is sustainable in light of subsequent amendments and ordinance.
Submissions/Arguments
Petitioner argued that she could not submit caste validity certificate within time as it was not issued by Scrutiny Committee.
Respondents supported the disqualification order.
Ratio Decidendi
The amendments and ordinance to Section 101A of the Maharashtra Village Panchayats Act, 1958 are beneficial and retrospective in operation, providing relief to persons who could not submit caste validity certificate within the stipulated time. Hence, the disqualification order is 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 Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018.
Procedural History
The petitioner was elected as member of Gram Panchayat on 07/08/2015 and later as Sarpanch. She failed to submit caste validity certificate within six months. The Collector disqualified her on 06/01/2017. She filed Writ Petition No. 968/2017 before the Bombay High Court, Nagpur Bench. 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 and delivered judgment on 25/02/2019.
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
