Case Note & Summary
The petitioner, Anita Nagnath Waghmare, was elected as a member of Gram Panchayat, Kunki, in 2021 and later became Sarpanch. Respondent No.4, Shivaji Ramrao Jadhav, filed a complaint before the Collector, Latur, alleging that the petitioner had a third child after the cut-off date of 12.09.2001, thereby incurring disqualification under Section 14(j-1) of the Maharashtra Village Panchayat Act. The Collector directed the Block Development Officer to conduct an inquiry. The inquiry revealed two sets of records: the Gram Panchayat register showed the third child Komal's date of birth as 12.08.2001 (before the cut-off), while the primary school record showed 15.03.2003 and the secondary school record showed 01.06.2004. The then Gram Sevaks denied their signatures on the Gram Panchayat record. Relying on the school records, the Collector passed an order on 31.01.2023 disqualifying the petitioner. The petitioner's appeal to the Additional Divisional Commissioner was dismissed on 10.04.2023. The petitioner then filed a writ petition in the Bombay High Court. The court considered whether the Gram Panchayat record, which has presumptive value, should be preferred over the inconsistent school records. The court noted that the burden of proving disqualification lies on the complainant, and the inquiry report did not conclusively establish that the Gram Panchayat entry was fabricated. The court held that the Gram Panchayat record, being an official register, carries presumptive value and should prevail. The school records were unreliable due to multiple variations. Consequently, the court quashed the orders of the Collector and the Additional Divisional Commissioner, allowing the petition and restoring the petitioner's membership.
Headnote
A) Panchayat Law - Disqualification - Section 14(j-1) Maharashtra Village Panchayat Act - Birth Record Dispute - The petitioner, a Sarpanch, was disqualified by the Collector and Additional Divisional Commissioner for having a third child after the cut-off date of 12.09.2001 based on school records showing the third child's birth in 2003/2004. The High Court held that the Gram Panchayat record, which showed the third child's birth on 12.08.2001 (before the cut-off date), has presumptive value and should prevail over inconsistent school records. The court found that the complainant failed to discharge the burden of proving disqualification, and the inquiry report did not conclusively establish that the Gram Panchayat record was fabricated. (Paras 3-7) B) Evidence Law - Presumptive Value of Official Records - Gram Panchayat Birth Register - The court held that the Gram Panchayat record, being an official register maintained in the course of duty, carries presumptive value under the Evidence Act. In the absence of clear evidence of fabrication, such record must be given due weight. The school records, which showed varying dates of birth for the same child, were unreliable and could not override the Gram Panchayat entry. (Paras 4-6) C) Panchayat Law - Burden of Proof - Disqualification Proceedings - The burden of proving disqualification under Section 14(j-1) lies on the complainant. In this case, the complainant (respondent no.4) failed to produce credible evidence to show that the third child was born after the cut-off date. The inquiry report by the Block Development Officer did not conclusively prove that the Gram Panchayat entry was false, as the then Gram Sevaks denied their signatures. Therefore, the disqualification orders were set aside. (Paras 5-7)
Issue of Consideration
Whether the petitioner incurred disqualification under Section 14(j-1) of the Maharashtra Village Panchayat Act for having a third child after the cut-off date of 12.09.2001, and which birth record (Gram Panchayat or school) should be relied upon.
Final Decision
The petition is allowed. The order dated 31.01.2023 passed by the Collector, Latur and order dated 10.04.2023 passed by the Additional Divisional Commissioner, Aurangabad are quashed and set aside. The petitioner's disqualification is removed.
Law Points
- Presumptive value of Gram Panchayat birth records
- Disqualification under Section 14(j-1) of Maharashtra Village Panchayat Act
- Burden of proof on complainant
- Reliability of school records over official Gram Panchayat records
