Case Note & Summary
The petitioner, Hanumant Sahebrao Patil, filed a writ petition challenging the decision of the Additional Commissioner, Nashik, in Gram Panchayat Appeal No. 80/2016. The appeal was filed by respondent No. 4, Alka Pandharinath Kolhe, against the order of the Additional Collector, Ahmednagar, in Dispute Application No. 6/2016, which disqualified her as a member of the Village Panchayat, Sakat, on the ground that she gave birth to a third child after her election. The facts reveal that on 17.7.2015, when Alka Kolhe filed her nomination for election to the Village Panchayat, she submitted a declaration stating she had two issues but disclosed only one child's name, Pallavi. Subsequently, she gave birth to a third child. The petitioner produced three birth certificates before the Collector: one for a female child born to Alka and Pandharinath Kolhe (undisputed), another for a daughter named Sonali born to Swati Pandhari Kolhe and Pandhari Waman Kolhe (disputed), and a third certificate. The Collector disqualified her, but the Additional Commissioner allowed her appeal, setting aside the disqualification. The High Court examined the provisions of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, particularly Sections 14(1)(j-1) and 16, which disqualify a person having more than two children from being a member or continuing as such. The Court noted that the Additional Commissioner failed to consider the declaration dated 17.7.2015, which showed that the respondent had two children at the time of nomination, and the birth certificates indicating the birth of a third child after election. The Court held that even if the disputed birth certificate is ignored, the declaration itself proves the existence of two children, and the third child's birth after election attracts disqualification. The Court set aside the Additional Commissioner's order and restored the Collector's order disqualifying the respondent. The writ petition was allowed with no order as to costs.
Headnote
A) Panchayat Law - Disqualification of Member - Third Child - Sections 14(1)(j-1) and 16 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The respondent member declared two issues in her nomination form but subsequently gave birth to a third child after election. The Collector disqualified her, but the Additional Commissioner set aside the order. The High Court held that the Additional Commissioner failed to consider the declaration and birth certificates, and that the disqualification under Section 14(1)(j-1) applies if a member having more than two children is elected or continues in office. The Court restored the Collector's order of disqualification. (Paras 1-6)
Issue of Consideration
Whether the Additional Commissioner erred in setting aside the Collector's order disqualifying the respondent member for having a third child after election to Village Panchayat.
Final Decision
The High Court allowed the writ petition, set aside the order of the Additional Commissioner, and restored the order of the Additional Collector disqualifying respondent No. 4 as a member of the Village Panchayat. No order as to costs.
Law Points
- Disqualification of elected member
- Concealment of children
- Birth certificate evidence
- Declaration in nomination form
- Third child after election
