Case Note & Summary
The case involves a writ petition filed by Sau. Jaya Santosh Arbat, who was elected as Sarpanch of Gat Gram Panchayat, Devarda, but was disqualified by the Additional Collector on the ground that she had not completed 21 years of age at the time of submitting her nomination paper. The Additional Commissioner dismissed her appeal. The matter was referred to a Division Bench on the question whether the Collector under Section 16 of the Maharashtra Village Panchayats Act, 1958 can determine a vacancy arising from a disqualification that existed at the time of election. The Court examined Sections 13, 14, and 16 of the Act. It noted that Section 14 prescribes disqualifications but does not provide a forum for adjudication, while Section 16 provides the forum and covers both disqualifications existing at the time of election (clause (a)) and those incurred during the term (clause (b)). The Court held that the Collector has the power to determine such disqualifications under Section 16, and the reference was answered accordingly. The merits of the disqualification were not in dispute before the Division Bench.
Headnote
A) Panchayati Raj - Disqualification - Collector's Power - Section 16, Maharashtra Village Panchayats Act, 1958 - The Collector under Section 16 can determine disqualification existing at the time of election under Section 14, as Section 16(1)(a) covers pre-election disqualifications and Section 16(2) provides the forum for adjudication - Held that the Collector has jurisdiction to decide whether a vacancy has occurred due to disqualification incurred before election (Paras 2-6).
Issue of Consideration
Whether the Collector while exercising power under Section 16 of the Maharashtra Village Panchayats Act, 1958 can determine whether a vacancy has arisen upon disqualification of a person who was found ineligible to be elected as member of Gram Panchayat.
Final Decision
The reference is answered in the affirmative; the Collector has the power under Section 16 to determine whether a vacancy has arisen upon disqualification of a person who was found ineligible to be elected as member of Gram Panchayat. The matter to be placed before the learned Single Judge for disposal on merits.
Law Points
- Collector's power under Section 16 includes determination of disqualification existing at time of election
- Section 14 disqualifications are adjudicable under Section 16
- harmonious construction of Sections 13
- 14
- and 16
