Case Note & Summary
The petitioner, Dalpat Totaram Kshirsagar, challenged the order of the Additional Commissioner, Amravati Division, dated 15-5-2014, which set aside the disqualification of respondent No.3, Sau. Mangala Vitthal Narkhede, from the post of Member, Village Panchayat, Nimkhed. The Additional Collector, Buldhana, had disqualified respondent No.3 under Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1958, on the ground that after the cutoff date of 12-9-2001, three female children (Ashwini, Komal, and Dipali) were born to her. Ku. Dipali, born on 29-10-2008, expired on 9-11-2011. The Commissioner reversed this, holding that on the date of election (20-12-2012), respondent No.3 had only two living children. The High Court examined the provision and the Supreme Court decision in Javed v. State of Haryana (2003) 8 SCC 369. The court noted that the disqualification under Section 14(1)(j-1) is attracted if after the cutoff date there is an increase in the number of children. The birth of a third child after the cutoff date, even if the child later dies, constitutes an increase. The relevant date for determining disqualification is the date of nomination/election, but the disqualification is incurred at the moment of birth of the third child. The court held that the Commissioner erred in setting aside the disqualification order. The petition was allowed, the Commissioner's order was quashed, and the Additional Collector's order disqualifying respondent No.3 was restored.
Headnote
A) Panchayati Raj - Disqualification - Two-Child Norm - Section 14(1)(j-1) Maharashtra Village Panchayats Act, 1958 - The disqualification under Section 14(1)(j-1) is attracted if after the cutoff date (12-9-2001) there is an increase in the number of children. The death of a child after birth does not erase the fact that there was an increase. The relevant date for determining disqualification is the date of nomination/election, but the disqualification is incurred at the moment of birth of the third child. The court held that the Commissioner erred in setting aside the disqualification order. (Paras 2-5)
Issue of Consideration
Whether a person who had three children after the cutoff date, but one child died before the election, is disqualified from contesting election to Gram Panchayat under Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1958.
Final Decision
The petition is allowed. The order dated 15-5-2014 passed by the Additional Commissioner, Amravati Division, Amravati, is quashed and set aside. The order dated 18-7-2013 passed by the Additional Collector, Buldhana, disqualifying respondent No.3 from the post of Member, Village Panchayat, Nimkhed, is restored.
Law Points
- Disqualification under Section 14(1)(j-1) of Maharashtra Village Panchayats Act
- 1958 is attracted if after the cutoff date (12-9-2001) there is increase in number of children
- irrespective of subsequent death of a child
- the relevant date for determining disqualification is the date of nomination/election
- but the disqualification is incurred at the moment of birth of the third child
- Javed v. State of Haryana (2003) 8 SCC 369 applied.
