Case Note & Summary
The petitioner, Vishwanath s/o Kisan Dhage, was elected as a member of Gram Panchayat, Wara Jahangir, in 2015. Respondent No.4, Suresh Ashruji Gawande, also a member, filed a complaint alleging that the petitioner was disqualified under Section 14(1)(h) of the Maharashtra Village Panchayat Act, 1959, for failing to pay tax to the Gram Panchayat within three months of demand. The complaint was based on information obtained under the Right to Information Act. The Collector, Washim, passed an order disqualifying the petitioner, and the Divisional Commissioner, Amravati, dismissed the petitioner's appeal. The petitioner challenged both orders by way of a writ petition. The court noted that the Gram Panchayat did not produce any resolution or demand notice to show that a valid demand was raised against the petitioner. The Collector relied on a list of defaulters without verifying whether the demand was made. The court held that the burden to prove disqualification lies on the complainant or the Gram Panchayat, and in this case, the respondent No.4 failed to establish that the petitioner was in arrears for more than three months after demand. The court emphasized that disqualification provisions must be strictly construed. Consequently, the court quashed the orders of the Collector and Divisional Commissioner and allowed the writ petition.
Headnote
A) Panchayat Law - Disqualification of Member - Section 14(1)(h) Maharashtra Village Panchayat Act, 1959 - Requirement of Demand and Default - The court held that for disqualification under Section 14(1)(h), the Gram Panchayat must prove that a valid demand was raised and the member failed to pay within three months. In this case, the Gram Panchayat did not produce any resolution or demand notice, and the Collector relied on a list of defaulters without verifying the demand. The court quashed the disqualification order and allowed the petition. (Paras 6-9) B) Panchayat Law - Disqualification of Member - Section 14(1)(h) Maharashtra Village Panchayat Act, 1959 - Burden of Proof - The court held that the burden to prove disqualification lies on the complainant or the Gram Panchayat. The respondent No.4 failed to establish that the petitioner was in arrears of tax for more than three months after demand. The Collector's order was based on insufficient evidence. (Paras 7-8) C) Panchayat Law - Disqualification of Member - Section 14(1)(h) Maharashtra Village Panchayat Act, 1959 - Strict Interpretation - The court emphasized that disqualification provisions must be strictly construed. The Collector and Divisional Commissioner erred in disqualifying the petitioner without proper proof of demand and default. (Paras 8-9)
Issue of Consideration
Whether the petitioner was liable to be disqualified under Section 14(1)(h) of the Maharashtra Village Panchayat Act, 1959 for non-payment of tax within three months of demand
Final Decision
The court allowed the writ petition, quashed the order of the Collector, Washim dated 30.04.2018 and the order of the Divisional Commissioner, Amravati dated 24.08.2018, and restored the petitioner's membership of Gram Panchayat.
Law Points
- Disqualification under Section 14(1)(h) requires proof of demand and default within three months
- Gram Panchayat must establish arrears
- burden of proof on complainant
- strict interpretation of disqualification provisions
