Case Note & Summary
The petitioner, Suryakant Shivaji Munde, contested and won the election for a reserved seat (Other Backward Class) from Ward No. 4 of Kesapuri Village Panchayat, held on 06.12.2012. Respondent No. 11, a voter from the same ward, filed an election petition (Election Petition No. 03 of 2013) before the Civil Judge Senior Division, Majalgaon, challenging the petitioner's election on the ground that the petitioner's name also appeared in the voters list of Govindwadi Village Panchayat, and he had cast his vote in the Govindwadi election held on 26.11.2012. The respondent argued that under Section 16(1)(i) of the Maharashtra Village Panchayat Act, 1958, a person who is a voter in two village panchayats is disqualified from being a member of either. The Civil Judge accepted this contention and set aside the petitioner's election on 10.03.2014. The petitioner then filed the present writ petition in the Bombay High Court (Aurangabad Bench). The petitioner's counsel argued that the voters list is not conclusive and that the petitioner had actually shifted his residence to Kesapuri and was not a voter in Govindwadi. The High Court, however, held that the voters list is conclusive evidence of a person being a voter. Since the petitioner's name appeared in both voters lists, he was disqualified under Section 16(1)(i). The court noted that the petitioner had not challenged the inclusion of his name in the Govindwadi list. The court dismissed the writ petition, affirming the Civil Judge's order.
Headnote
A) Panchayat Election - Disqualification - Dual Voter Status - Section 16(1)(i) of Maharashtra Village Panchayat Act, 1958 - The petitioner was declared elected as a member of Kesapuri Village Panchayat but was challenged on the ground that his name also appeared in the voters list of Govindwadi Village Panchayat and he had voted there. The Civil Judge set aside the election. The High Court held that the voters list is conclusive evidence of a person being a voter, and if a person's name appears in two voters lists, he is disqualified under Section 16(1)(i). The court dismissed the writ petition, upholding the disqualification. (Paras 2-6)
Issue of Consideration
Whether a person who is a voter in two village panchayats is disqualified from being a member of either panchayat under Section 16(1)(i) of the Maharashtra Village Panchayat Act, 1958, and whether the voters list is conclusive evidence of such disqualification.
Final Decision
The High Court dismissed the writ petition, upholding the judgment of the Civil Judge Senior Division, Majalgaon, which set aside the petitioner's election.
Law Points
- Disqualification for being voter in two village panchayats
- Section 16(1)(i) of Maharashtra Village Panchayat Act
- 1958
- Election petition
- Burden of proof
- Voters list as conclusive evidence
Case Details
2018 LawText (BOM) (01) 9
Writ Petition No. 2829 of 2014
Shri Sudarshan J. Salunke (for Petitioner), Shri S. T. Shelke (for Respondent Nos. 1 and 4), Shri K. D. Mundhe (for Respondent Nos. 2 and 3)
State Election Commission, Collector-cum-District Election Officer, Tahsildar-cum-Taluka Election Officer, Returning Officer, Gram Panchayat Office, Suhas Suresh Sasane, Sau. Meera Deepak Wadmare, Sau. Vijaya Vijay Holikatti, Sau. Aasma Shaikh Atik, Sau. Shakilabegum Shaikh Mainuddin, Vijay Ramchandra Holikatti
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Nature of Litigation
Writ petition challenging the judgment of Civil Judge Senior Division setting aside the petitioner's election as member of village panchayat on ground of disqualification under Section 16(1)(i) of Maharashtra Village Panchayat Act, 1958.
Remedy Sought
Petitioner sought to quash and set aside the judgment and order dated 10.03.2014 passed by Civil Judge Senior Division, Majalgaon in Election Petition No. 03 of 2013.
Filing Reason
The petitioner's election was set aside on the ground that his name appeared in voters list of two village panchayats, disqualifying him under Section 16(1)(i) of the Act.
Previous Decisions
The Civil Judge Senior Division, Majalgaon, by judgment and order dated 10.03.2014 in Election Petition No. 03 of 2013, set aside the election of the petitioner.
Issues
Whether the petitioner was disqualified under Section 16(1)(i) of the Maharashtra Village Panchayat Act, 1958 for being a voter in two village panchayats.
Whether the voters list is conclusive evidence of a person being a voter for the purpose of disqualification.
Submissions/Arguments
Petitioner's counsel argued that the voters list is not conclusive and that the petitioner had shifted his residence to Kesapuri and was not a voter in Govindwadi.
Respondent's counsel argued that the voters list is conclusive and the petitioner's name appearing in both lists disqualified him.
Ratio Decidendi
The voters list is conclusive evidence of a person being a voter. If a person's name appears in the voters list of two village panchayats, he is disqualified under Section 16(1)(i) of the Maharashtra Village Panchayat Act, 1958 from being a member of either panchayat.
Judgment Excerpts
The voters list is conclusive evidence of a person being a voter.
If the name of a person appears in the voters list of two village panchayats, he would be disqualified under Section 16(1)(i) of the Maharashtra Village Panchayat Act, 1958.
Procedural History
The petitioner contested and won the election for Kesapuri Village Panchayat on 06.12.2012. Respondent No. 11 filed Election Petition No. 03 of 2013 before Civil Judge Senior Division, Majalgaon, which set aside the election on 10.03.2014. The petitioner filed the present writ petition on 14.03.2014. The High Court heard the matter and pronounced judgment on 12.01.2018.
Acts & Sections
- Maharashtra Village Panchayat Act, 1958: Section 16(1)(i)
