Case Note & Summary
The petitioner, Shaukat Ali Mohd. Hussain, challenged the election of respondent No. 1, Shaikh Ayub, as a member of the village panchayat of Badnapur from ward No. 6, reserved for OBC category, for the term 2010-2015. The petitioner alleged that respondent No. 1, while filing his nomination on 8 October 2010, did not clear the property tax dues on his house property No. 491 and did not obtain or annex a no-dues certificate with his nomination form. The petitioner pointed to receipt No. 87 dated 21 November 2010, showing payment of dues after the election held on 25 October 2010, as evidence of outstanding dues on the nomination date. The Additional Collector, Jalna, after considering the evidence, allowed the petitioner's complaint and disqualified respondent No. 1 from continuing as a member. Respondent No. 1 appealed to the Additional Commissioner, Aurangabad, who set aside the Collector's order. The petitioner then filed the present writ petition. The High Court examined the provisions of Section 14(1)(j) of the Maharashtra Village Panchayats Act, 1959, which disqualifies a person from being a member if he has not cleared dues of the panchayat. The court noted that the respondent had admitted to having dues on the date of nomination and paid them only after the election. The court held that the disqualification attaches at the time of filing nomination, and subsequent payment does not cure it. The court also observed that the respondent failed to disclose the property in his nomination form. Accordingly, the court allowed the writ petition, set aside the order of the Additional Commissioner, and restored the order of the Additional Collector disqualifying respondent No. 1.
Headnote
A) Panchayat Election - Disqualification - Non-Disclosure of Dues - Section 14(1)(j) Maharashtra Village Panchayats Act, 1959 - The issue was whether a candidate who had outstanding property tax dues on the date of filing nomination and failed to disclose them or annex a no-dues certificate is disqualified. The court held that the failure to disclose dues and obtain a no-dues certificate amounts to disqualification under Section 14(1)(j) of the Act, as the candidate did not clear dues before filing nomination. (Paras 2-6) B) Panchayat Election - Disqualification - Payment After Election - Section 14(1)(j) Maharashtra Village Panchayats Act, 1959 - The court considered whether payment of dues after the election cures the disqualification. It held that the disqualification is incurred at the time of filing nomination, and subsequent payment does not validate the nomination. (Paras 5-6)
Issue of Consideration
Whether respondent No. 1 was disqualified from continuing as a member of the village panchayat for failing to disclose property tax dues and not annexing a no-dues certificate with his nomination form.
Final Decision
The writ petition is allowed. The judgment and order dated 12-06-2012 passed by the Additional Commissioner is quashed and set aside. The order passed by the Additional Collector disqualifying respondent No. 1 is restored.
Law Points
- Disqualification for non-disclosure of dues
- Election law
- Panchayat election
- Property tax dues
- No-dues certificate
- Section 14(1)(j) Maharashtra Village Panchayats Act
- 1959
