Case Note & Summary
The petitioner, Santosh Vitthal Awate, filed a writ petition under Article 226 of the Constitution of India challenging the judgment and order dated 29th October 2018 passed by the learned Additional Commissioner, Pune in Appeal No. 6 of 2018. The appeal arose from an election petition filed by the petitioner challenging the election of respondent No.1, Nagesh Navnath Awate, as Sarpanch of Mouze Shelgaon Grampanchayat. The election was held on 16th October 2017, and respondent No.1 was declared elected by a margin of two votes (341 votes to petitioner's 339 votes). The petitioner alleged that respondent No.1 was not qualified to contest the election because he was only 20 years old at the time of filing his nomination, whereas the minimum age required under the Maharashtra Village Panchayat Act, 1959 is 21 years. The petitioner also sought recounting of votes on the ground that the margin of victory was narrow. The Additional Commissioner dismissed the election petition, holding that the petitioner failed to prove that respondent No.1 was underage. The High Court upheld the Additional Commissioner's decision. The court examined the evidence, including the school leaving certificate of respondent No.1 showing his date of birth as 02.06.1997, which made him 20 years and 4 months old at the time of nomination. The court noted that the petitioner did not produce any reliable evidence to contradict this certificate. The court held that the burden of proof lies on the petitioner to establish the disqualification, and the petitioner failed to discharge that burden. The court also held that the school leaving certificate is a valid proof of age under the Registration of Births and Deaths Act, 1969, and that the petitioner's request for recounting was not supported by any specific allegations of irregularities. The writ petition was dismissed, and the election of respondent No.1 was upheld.
Headnote
A) Election Law - Age Qualification - Burden of Proof - Section 36 Maharashtra Village Panchayat Act, 1959 - The petitioner challenged the election of respondent No.1 as Sarpanch on the ground that respondent No.1 was only 20 years old at the time of nomination, below the minimum age of 21 years. The court held that the burden of proof lies on the petitioner to establish that the returned candidate was not qualified. The school leaving certificate produced by respondent No.1 showing his date of birth as 02.06.1997 was considered valid proof of age, and the petitioner failed to produce any reliable evidence to rebut it. (Paras 1-14) B) Evidence - School Leaving Certificate - Admissibility - Registration of Births and Deaths Act, 1969 - The court held that a school leaving certificate is a relevant and admissible piece of evidence to prove age, especially in the absence of a birth certificate. The certificate was issued by a recognized school and was not challenged by the petitioner. The court relied on the principle that entries in school records are made soon after admission and carry evidentiary value. (Paras 10-12) C) Election Law - Recounting of Votes - Section 36 Maharashtra Village Panchayat Act, 1959 - The petitioner also sought recounting of votes, alleging irregularities. The court held that the election petition did not contain any specific allegations of irregularities in counting, and the mere fact that the margin of victory was only two votes does not entitle the petitioner to a recount. The court dismissed the prayer for recounting. (Paras 13-14)
Issue of Consideration
Whether the respondent No.1 was underage (below 21 years) at the time of filing his nomination for the post of Sarpanch, and whether the election of respondent No.1 is liable to be set aside on that ground.
Final Decision
The High Court dismissed the writ petition, upholding the judgment of the Additional Commissioner. The court held that the petitioner failed to prove that respondent No.1 was underage, and the school leaving certificate was valid proof of age. The prayer for recounting was also rejected.
Law Points
- Election law
- Age qualification
- Burden of proof
- School leaving certificate as proof of age
- Section 36 Maharashtra Village Panchayat Act
- 1959
- Registration of Births and Deaths Act
- 1969
