Case Note & Summary
The petitioners, five members of Gram Panchayat Dhanodi, challenged their disqualification under Section 14(1)(j5) of the Bombay Village Panchayat Act, 1958. The Additional Collector had disqualified them for failing to submit a certificate from the Gram Sabha certifying that they reside in a house owned by them and have a toilet in such house and use it. The Divisional Commissioner dismissed their appeal, noting that the Bombay Village Panchayat and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010 extended the period for submitting such certificate from 90 days to one year from 10.01.2011, i.e., up to 09.01.2012. The Gram Sabha resolution was passed on 10.05.2013 and certificates issued on 11.05.2013, well beyond the deadline. The High Court, after hearing arguments, upheld the disqualification, finding that the petitioners had not complied with the mandatory requirement within the extended period. The court dismissed the writ petition, confirming the orders of the Additional Collector and Divisional Commissioner.
Headnote
A) Panchayat Law - Disqualification of Members - Section 14(1)(j5) Bombay Village Panchayat Act, 1958 - Requirement of Certificate - The petitioners were disqualified for not submitting a Gram Sabha certificate certifying that they reside in a house owned by them with a toilet and use it. The Divisional Commissioner upheld the disqualification on the ground that the certificate was obtained on 11.05.2013, beyond the extended period up to 09.01.2012. The High Court held that the disqualification was valid as the petitioners failed to comply with the mandatory requirement within the prescribed time. (Paras 2-3)
Issue of Consideration
Whether the disqualification of the petitioners under Section 14(1)(j5) of the Bombay Village Panchayat Act, 1958 for failure to submit a certificate of the Gram Sabha regarding ownership of house and toilet facility within the extended period up to 09.01.2012 was valid.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Divisional Commissioner and the disqualification of the petitioners.
Law Points
- Disqualification under Section 14(1)(j5) of Bombay Village Panchayat Act
- 1958
- Gram Sabha resolution
- toilet certificate
- extension of time
- one year from 10.01.2011
- mandatory requirement
- strict compliance
Case Details
2014 LawText (BOM) (03) 112
Writ Petition No. 1564/2014
Shri A.V.Gawande for Petitioners, Shri K.L.Dharmadhikari for Respondent Nos. 1 and 2, Shri J.B.Kasat for Respondent No.4
Vijay Ramchandra Raut, Kishor Vithobaji Zade, Santosh Uttamrao Jawalkar, Sau. Manisha Surendra Joshi, Sau. Shubangi Atul Dukre
Divisional Commissioner, Amravati Division, Amravati; Additional Collector, Amravati; Village Panchayat, Dhanodi; Shankarrao Rangraoji Mohture
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Nature of Litigation
Writ petition challenging disqualification of members of Gram Panchayat under Section 14(1)(j5) of Bombay Village Panchayat Act, 1958.
Remedy Sought
Petitioners sought quashing of order dated 05.03.2014 passed by Divisional Commissioner dismissing their appeal against disqualification.
Filing Reason
Petitioners were disqualified for failing to submit a certificate from Gram Sabha certifying that they reside in a house owned by them with a toilet and use it.
Previous Decisions
Additional Collector disqualified petitioners; Divisional Commissioner dismissed appeal on 05.03.2014.
Issues
Whether the disqualification under Section 14(1)(j5) of the Bombay Village Panchayat Act, 1958 was valid when the certificate was obtained after the extended deadline of 09.01.2012.
Submissions/Arguments
Petitioners argued that the disqualification was improper.
Respondents supported the disqualification on the ground of non-compliance within the extended period.
Ratio Decidendi
The requirement under Section 14(1)(j5) of the Bombay Village Panchayat Act, 1958 to submit a Gram Sabha certificate regarding ownership of house and toilet facility is mandatory. The extended period up to 09.01.2012 must be strictly complied with; failure to do so results in valid disqualification.
Judgment Excerpts
The challenge in this petition is to the order dated 05.03.2014 passed by the Divisional Commissioner, Amravati Division, Amravati, dismissing Appeal No. 12/BVP16(2)/Dhanodi/201314 filed by the petitioners challenging their disqualification under Section 14(1)(j5) of the Bombay Village Panchayat Act, 1958.
Thus, the Appellants have failed to submit Certificates along with the Resolution of the Gram Sabha till the date of 09.01.2012.
Procedural History
The Additional Collector disqualified the petitioners. They appealed to the Divisional Commissioner, who dismissed the appeal on 05.03.2014. The petitioners then filed the present writ petition in the High Court.
Acts & Sections
- Bombay Village Panchayat Act, 1958: Section 14(1)(j5)
- Bombay Village Panchayat and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010:
