Case Note & Summary
The petitioner, Sushila Sukram Naik, filed a writ petition before the Bombay High Court, Bench at Aurangabad, challenging the rejection of her nomination for the post of Member of Gram Panchayat Daul, Tq. Shindkheda, Dist. Dhule, from Ward No. 1 reserved for Scheduled Tribe Women. The elections were scheduled on 24.03.2019. The petitioner claimed to belong to the 'Bhil' caste, a Scheduled Tribe. Her nomination was objected to by respondent No. 4, Ratna Shriram Sonawane, on various grounds, including that the petitioner did not have a toilet constructed in her house. The Returning Officer upheld the objection and rejected the nomination, noting that the petitioner had not complied with the requirements under Section 14(1)(j-5) of the Maharashtra Village Panchayats Act, 1959. The Returning Officer observed that along with the certificate under the signature of Gram Sevak, the petitioner had not annexed either a resolution of the Gram Sabha or a certificate of the Chief Executive Officer or an officer designated. The petitioner argued that she had a toilet in her house and that the Returning Officer did not give her an opportunity to explain or produce the required documents. The Court, after hearing the parties, allowed the petition, set aside the impugned order, and directed the Returning Officer to accept the petitioner's nomination and proceed with the election. The Court held that the Returning Officer should have given an opportunity to the petitioner to explain or produce the required documents before rejecting the nomination.
Headnote
A) Election Law - Nomination Rejection - Toilet Requirement - Section 14(1)(j-5) Maharashtra Village Panchayats Act, 1959 - The petitioner's nomination was rejected by the Returning Officer on the ground that she did not have a toilet constructed in her house and failed to annex the required certificate from the Gram Sevak along with a resolution of the Gram Sabha or certificate from the CEO. The Court held that the requirement under Section 14(1)(j-5) is mandatory and the petitioner failed to comply with the same, but the Court allowed the petition on the ground that the Returning Officer did not give an opportunity to the petitioner to explain or produce the required documents. (Paras 3-5)
Issue of Consideration
Whether the rejection of the petitioner's nomination for the post of Member of Gram Panchayat on the ground of non-compliance with the requirement of having a toilet in her house under Section 14(1)(j-5) of the Maharashtra Village Panchayats Act, 1959 is valid.
Final Decision
The Court allowed the writ petition, set aside the impugned order dated 14.03.2019 passed by the Returning Officer, and directed the Returning Officer to accept the nomination of the petitioner and proceed with the election.
Law Points
- Election law
- Nomination rejection
- Toilet requirement
- Gram Panchayat
- Scheduled Tribe reservation
- Section 14(1)(j-5) Maharashtra Village Panchayats Act
- 1959
