Case Note & Summary
The petitioner, Sau. Meerabai w/o Suresh Bhill, contested the election for the Gram Panchayat of Sawkheda on 5.9.2010 on a seat reserved for Scheduled Tribe Women and was elected as a member. On 14.9.2010, another member, Magan Pandurang Sonwane, filed a complaint alleging that the petitioner had given birth to a third child after the cutoff date, thereby disqualifying her under Section 14(j)(1) of the Bombay Village Panchayat Act, 1958. The Collector, Jalgaon, by order dated 31.10.2011, disqualified the petitioner. The petitioner appealed to the Divisional Commissioner, Nashik, who confirmed the order on 10.4.2012. The petitioner then filed a writ petition in the Bombay High Court challenging the disqualification. The court considered the submissions of the petitioner's counsel that the third child was born on 5.9.2010, the same day as the election, and argued that the child was born before the election. However, the court noted that the cutoff date for disqualification under Section 14(j)(1) is the date of the election, and the petitioner failed to provide evidence that the child was born before the election. The court upheld the orders of the Collector and the Divisional Commissioner, dismissing the petition. The court held that the disqualification was valid as the third child was born after the cutoff date.
Headnote
A) Gram Panchayat - Disqualification - Third Child After Cutoff Date - Section 14(j)(1) Bombay Village Panchayat Act, 1958 - Petitioner gave birth to third child on 5.9.2010, the same day as the election, and the child was born after the cutoff date of 5.9.2010 as per the Act - The court held that the disqualification applies if the third child is born after the cutoff date, and the petitioner failed to prove that the child was born before the election - The order of disqualification was upheld (Paras 1-3).
Issue of Consideration
Whether the petitioner is disqualified under Section 14(j)(1) of the Bombay Village Panchayat Act, 1958 for having a third child after the cutoff date of 5.9.2010.
Final Decision
The writ petition is dismissed. The orders of the Collector and Divisional Commissioner disqualifying the petitioner are upheld.
Law Points
- Disqualification for having more than two children after cutoff date
- Section 14(j)(1) Bombay Village Panchayat Act
- 1958
- cutoff date for disqualification
- Gram Panchayat membership disqualification
Case Details
2013 LawText (BOM) (03) 19
WRIT PETITION NO.3919 OF 2012
Shri A.D. Pawar for Petitioner, Shri D.R. Kale for Respondents 1 and 2, Shri D.J. Patil h/f Shri N.B. Suryawanshi for Respondents 3 and 4, Shri S.I. Nandode for Respondent No.5
Sau. Meerabai w/o Suresh Bhill
The State of Maharashtra, The Additional Collector, Jalgaon, The Chief Executive Officer, Zilla Parishad, Jalgaon, The Gram Sevak, Gram Panchayat, Sawkheda
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Nature of Litigation
Writ petition challenging disqualification from Gram Panchayat membership
Remedy Sought
Petitioner sought to quash the orders of disqualification passed by the Collector and Divisional Commissioner
Filing Reason
Petitioner was disqualified under Section 14(j)(1) of the Bombay Village Panchayat Act, 1958 for having a third child after the cutoff date
Previous Decisions
Collector, Jalgaon disqualified petitioner on 31.10.2011; Divisional Commissioner, Nashik confirmed on 10.4.2012
Issues
Whether the petitioner is disqualified under Section 14(j)(1) of the Bombay Village Panchayat Act, 1958 for having a third child after the cutoff date of 5.9.2010.
Submissions/Arguments
Petitioner's counsel argued that the third child was born on 5.9.2010, the same day as the election, and thus before the election.
Respondents argued that the child was born after the cutoff date and therefore disqualification is valid.
Ratio Decidendi
Under Section 14(j)(1) of the Bombay Village Panchayat Act, 1958, a member of a Gram Panchayat is disqualified if they have more than two children after the cutoff date. The cutoff date is the date of the election. The petitioner failed to prove that her third child was born before the election, and thus the disqualification stands.
Judgment Excerpts
This petition takes exception to the order dated 10.4.2012 passed by the Divisional Commissioner, Nashik Division, Nashik in Gram Panchayat Appeal No.184/2011 thereby confirming the order dated 31.10.2011 passed by the Collector, Jalgaon, thereby disqualifying the petitioner for being a member of Gram Panchayat u/s 14(j)(1) of the Bombay Village Panchayat Act, 1958 on the ground of third issue after cutoff date.
Procedural History
Petitioner elected on 5.9.2010. Complaint filed on 14.9.2010. Collector disqualified on 31.10.2011. Appeal dismissed by Divisional Commissioner on 10.4.2012. Writ petition filed in High Court and dismissed on 21.3.2013.
Acts & Sections
- Bombay Village Panchayat Act, 1958: 14(j)(1)
