Case Note & Summary
The petitioner, Sanjay Prabhakar Bhosale, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the order dated 1.9.2014 passed by the Additional Commissioner, Aurangabad Division, which set aside the disqualification of respondent No.4, Rushikesh Vinayakrao Bhosale, as a member of the Gram Panchayat, Matola. The background is that respondent No.4 was elected as a member of the Gram Panchayat in October 2012. Subsequently, he was convicted under Section 138 of the Negotiable Instruments Act, 1881, in Summary Criminal Trial No.1524 of 2012, and sentenced to simple imprisonment for six months, with a direction to pay Rs.2,70,000/- to the complainant, failing which further imprisonment of three months. Respondent No.4 appealed against the conviction, and the sentence was suspended, but the conviction was not stayed. The petitioner then moved the Additional Collector, Latur, seeking disqualification of respondent No.4 under Section 14(1)(a)(ii) of the Maharashtra Village Panchayat Act, 1958. The Additional Collector, by order dated 18.6.2014, held that the conviction led to disqualification. Respondent No.4 appealed to the Additional Commissioner, who set aside the disqualification on the ground that the sentence had been suspended and the appeal was pending. The petitioner challenged this order. The High Court considered the legal issue of whether suspension of sentence pending appeal stays the conviction for the purpose of disqualification. The court held that suspension of sentence does not amount to staying the conviction; the conviction remains in force unless set aside by the appellate court. Therefore, respondent No.4 stood disqualified under Section 14(1)(a)(ii) of the Act. The court quashed the order of the Additional Commissioner and restored the order of the Additional Collector disqualifying respondent No.4. The writ petition was allowed with no order as to costs.
Headnote
A) Gram Panchayat - Disqualification of Member - Conviction under Section 138 of Negotiable Instruments Act - Section 14(1)(a)(ii) of Maharashtra Village Panchayat Act, 1958 - Petitioner sought disqualification of respondent No.4, a Gram Panchayat member convicted under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of cheque - The Additional Collector disqualified respondent No.4, but the Additional Commissioner set aside the disqualification on the ground that the sentence was suspended pending appeal - Held that suspension of sentence does not stay the conviction, and the conviction subsists for the purpose of disqualification under Section 14(1)(a)(ii) of the Act - The order of the Additional Commissioner was quashed and the disqualification was restored (Paras 3-8).
Issue of Consideration
Whether a Gram Panchayat member convicted under Section 138 of the Negotiable Instruments Act, 1881, and whose sentence is suspended pending appeal, is disqualified under Section 14(1)(a)(ii) of the Maharashtra Village Panchayat Act, 1958.
Final Decision
The writ petition is allowed. The impugned judgment and order dated 1.9.2014 passed by the Additional Commissioner, Aurangabad Division, is quashed and set aside. The order dated 18.6.2014 passed by the Additional Collector, Latur, disqualifying respondent No.4, is restored. Rule is made absolute accordingly. No order as to costs.
Law Points
- Disqualification under Section 14(1)(a)(ii) of Maharashtra Village Panchayat Act
- 1958 is automatic upon conviction for an offence involving moral turpitude
- suspension of sentence does not stay conviction
- Gram Panchayat member convicted under Section 138 of Negotiable Instruments Act is disqualified
