Case Note & Summary
The petitioner, Sau. Soni w/o Gajanan Kurkute, was elected as a member of Gram Panchayat Taroda. The respondent No.2, Sau. Nanda w/o Ganesh Khandale, filed an election petition under Section 15 of the Maharashtra Village Panchayats Act, 1959, challenging the election on the ground that the petitioner was not eligible to contest as she was below 21 years of age on the date of election. The petitioner filed an application in the election petition praying that the issue of jurisdiction of the Court to entertain the petition be framed and tried as a preliminary issue. The Court framed the preliminary issue and by the impugned order dated 08-01-2016, concluded that it has jurisdiction to entertain and try the election petition. Aggrieved, the petitioner filed the present writ petition. The petitioner's counsel argued that the election cannot be challenged on the ground of age eligibility in an election petition and that the Court lacks jurisdiction. He relied on two judgments of this Court: Jagannath Pundlik and others vs. Sukhdeo Onkar Wankhade and others, 1967 Mh.L.J. 126, and Dhondba and another vs. Civil Judge, Junior Division. The Court considered the submissions and the judgments. It noted that the judgments relied upon by the petitioner support the proposition that the ground of not having completed 21 years of age is a disqualification under Section 16(1)(a) of the Act and can be raised in an election petition under Section 15. Therefore, the Civil Court has jurisdiction to entertain the election petition. The Court found no merit in the writ petition and dismissed it, upholding the impugned order.
Headnote
A) Election Law - Jurisdiction of Civil Court - Age Disqualification - Section 15 and Section 16(1)(a) of Maharashtra Village Panchayats Act, 1959 - The issue was whether the Civil Court can entertain an election petition on the ground that the elected candidate was not eligible to contest as she had not completed 21 years of age. The Court held that the ground of not having completed 21 years of age is a disqualification under Section 16(1)(a) and can be raised in an election petition under Section 15. The Court relied on the judgment in Jagannath Pundlik and others vs. Sukhdeo Onkar Wankhade and others, 1967 Mh.L.J. 126, and Dhondba and another vs. Civil Judge, Junior Division, to conclude that the Civil Court has jurisdiction. (Paras 4-6)
Issue of Consideration
Whether the Civil Court has jurisdiction to entertain an election petition challenging the election of a candidate on the ground that she was below 21 years of age on the date of election.
Final Decision
The writ petition is dismissed. The impugned order dated 08-01-2016 passed by the Civil Court is upheld. No order as to costs.
Law Points
- Jurisdiction of civil court to entertain election petition on ground of age disqualification
- Interpretation of Section 15 and Section 16 of Maharashtra Village Panchayats Act
- 1959
Case Details
2016 LawText (BOM) (06) 122
Writ Petition No.1788 of 2016
Shri Shantanu Khedkar for petitioner, Shri H.R. Dhumale for respondent No.1, Shri K.S. Narwade for respondent No.2
Sau. Soni w/o Gajanan Kurkute
Election Officer, Gram Panchayat, Taroda and Sau. Nanda w/o Ganesh Khandale
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Nature of Litigation
Writ petition challenging the order of the Civil Court holding that it has jurisdiction to entertain an election petition on the ground of age disqualification.
Remedy Sought
The petitioner sought to quash the order dated 08-01-2016 passed by the Civil Court holding that it has jurisdiction to entertain the election petition.
Filing Reason
The petitioner was aggrieved by the order of the Civil Court that it has jurisdiction to entertain the election petition challenging her election on the ground that she was below 21 years of age.
Previous Decisions
The Civil Court had passed an order dated 08-01-2016 framing a preliminary issue and concluding that it has jurisdiction to entertain and try the election petition.
Issues
Whether the Civil Court has jurisdiction to entertain an election petition challenging the election on the ground that the elected candidate was below 21 years of age.
Submissions/Arguments
The petitioner argued that the election cannot be challenged on the ground of age eligibility in an election petition and the Court lacks jurisdiction.
The petitioner relied on the judgments in Jagannath Pundlik and others vs. Sukhdeo Onkar Wankhade and others, 1967 Mh.L.J. 126, and Dhondba and another vs. Civil Judge, Junior Division.
Ratio Decidendi
The ground of not having completed 21 years of age is a disqualification under Section 16(1)(a) of the Maharashtra Village Panchayats Act, 1959, and can be raised in an election petition under Section 15 of the Act. Therefore, the Civil Court has jurisdiction to entertain the election petition.
Judgment Excerpts
The Court considered the submissions of the parties and passed an order dated 08-01-2016 directing the framing of preliminary issue.
The learned Advocate for the petitioner has submitted that the election of petitioner cannot be challenged on the ground that she was not having eligibility to contest the election as she had not completed 21 years of age, in election petition and the Court where the election petition is filed cannot entertain and decide the election petition on the basis of such challenge.
Procedural History
The respondent No.2 filed an election petition under Section 15 of the Maharashtra Village Panchayats Act challenging the election of the petitioner. The petitioner filed an application for framing a preliminary issue on jurisdiction. The Court framed the preliminary issue and by order dated 08-01-2016 held that it has jurisdiction. The petitioner filed the present writ petition challenging that order.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: Section 15, Section 16(1)(a)
