Case Note & Summary
The petitioner, Padmakar Pandurang Kale, was elected as a member of the Gram Panchayat, Maradga, on 24/10/2010. Respondent No.1, Santosh Kale, challenged his election before the Additional Collector, Nanded, on the ground that the petitioner had four biological children, which disqualified him under Section 14(1)(j-1) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The Additional Collector conducted an enquiry and passed an order on 27/06/2011 disqualifying the petitioner. The petitioner contended that the birth date of his fourth child, Shrikant, was incorrectly recorded as 30/07/2002 in school records, whereas the actual birth date was 30/08/2001. He had obtained a correction order from the Education Officer (Primary), Zilla Parishad, Nanded, and a certificate from the Executive Magistrate and Tahsildar, Hadgaon, dated 21/09/2010, confirming the birth date as 30/08/2001. The petitioner argued that since the fourth child was born before the cut-off date of 27/09/2001 (the date of commencement of the Act), he was not disqualified. The court observed that the Additional Collector had not considered the correction order and certificate, which were crucial documents. The court held that the impugned order was unsustainable and set it aside, allowing the writ petition. The court directed that the petitioner be continued as a member of the Gram Panchayat.
Headnote
A) Local Self-Government - Disqualification of Member - Section 14(1)(j-1) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The petitioner was disqualified by the Additional Collector for having four biological children. The court considered the correction of the birth date of the fourth child from 30/07/2002 to 30/08/2001, which would bring the child's birth before the cut-off date of 27/09/2001 (the date of commencement of the Act). The court held that the Additional Collector failed to consider the correction order and certificate issued by the Executive Magistrate, and thus the disqualification order was unsustainable. (Paras 4-7) B) Evidence - Birth Date Correction - The petitioner obtained a correction of the birth date of his fourth child from the Education Officer and a certificate from the Executive Magistrate. The court held that these documents were sufficient to establish that the fourth child was born before the cut-off date, and the Additional Collector ought to have considered them. (Paras 5-6) C) Natural Justice - Consideration of Relevant Material - The Additional Collector passed the impugned order without considering the correction order and certificate produced by the petitioner. The court held that this amounted to a violation of natural justice and the order was liable to be set aside. (Para 7)
Issue of Consideration
Whether the petitioner was disqualified as a member of Gram Panchayat for having more than two biological children, and whether the correction of the birth date of the fourth child was validly considered.
Final Decision
The writ petition is allowed. The impugned order dated 27/06/2011 passed by the Additional Collector, Nanded is quashed and set aside. The petitioner shall be continued as a member of the Gram Panchayat, Maradga.
Law Points
- Disqualification under Section 14(1)(j-1) of the Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
- Birth date correction
- Burden of proof
- Natural justice
