Case Note & Summary
The petitioners were elected as members of Gram Panchayat Hiwra Darne in an election held on 24-11-2015. The election was for reserved seats for Scheduled Castes. The petitioners claimed to belong to the Scheduled Caste category and submitted caste validity certificates. Subsequently, respondent no.4 filed a complaint alleging that the petitioners did not belong to the Scheduled Caste category. The Additional Collector, Yavatmal, by order dated 30-06-2016, held that the petitioners were not entitled to contest from the reserved seats and disqualified them. The petitioners appealed to the Additional Commissioner, Amravati Division, who by order dated 30-09-2016 dismissed the appeal and confirmed the disqualification. The petitioners then filed writ petitions challenging the orders. The court found that the Additional Commissioner passed the order without giving an opportunity of hearing to the petitioners, violating principles of natural justice. The court also noted that the disqualification under Section 16(1)(k-1) read with Section 14(1)(b-1) of the Maharashtra Village Panchayats Act, 1959 requires a finding that the member knowingly contested from a reserved seat without belonging to that category, which was not recorded. Further, the election was not challenged within the limitation period under Section 16(2), and the disqualification proceedings could not be used to circumvent that limitation. The court also observed that the petitioners had submitted caste validity certificates, so disqualification under Section 16(1)(k-2) was not attracted. The court allowed the writ petitions, quashed the impugned orders, and directed that the petitioners be allowed to continue as members of the Gram Panchayat.
Headnote
A) Constitutional Law - Natural Justice - Opportunity of Hearing - Disqualification of elected members without affording opportunity of hearing is violative of principles of natural justice - The Additional Commissioner passed the disqualification order without hearing the petitioners, which is unsustainable in law (Paras 7-8).
B) Maharashtra Village Panchayats Act, 1959 - Section 14(1)(b-1) and Section 16(1)(k-1) - Disqualification for not belonging to reserved category - The disqualification under Section 16(1)(k-1) read with Section 14(1)(b-1) requires that the member must have knowingly contested from a reserved seat without belonging to that category - The order did not record a finding that the petitioners knowingly misrepresented their caste status (Paras 9-10).
C) Maharashtra Village Panchayats Act, 1959 - Section 16(2) - Limitation for challenging election - The election of the petitioners was not challenged within the period of limitation under Section 16(2), and the disqualification proceedings cannot be used to circumvent the limitation period (Para 11).
D) Maharashtra Village Panchayats Act, 1959 - Section 16(1)(k-2) - Disqualification for failure to submit caste validity certificate - The petitioners had submitted caste validity certificates, and the disqualification under Section 16(1)(k-2) was not attracted (Para 12).
Issue of Consideration
Whether the disqualification of the petitioners as elected members of Gram Panchayat for not belonging to the reserved category (Scheduled Caste) was valid when the petitioners were not given an opportunity of hearing and the disqualification was based on a subsequent determination that they did not belong to the Scheduled Caste, despite their earlier election being upheld.
Final Decision
The writ petitions are allowed. The impugned order dated 30-09-2016 passed by the Additional Commissioner, Amravati Division and the order dated 30-06-2016 passed by the Additional Collector, Yavatmal are quashed and set aside. The petitioners are directed to be allowed to continue as members of Gram Panchayat Hiwra Darne.
Law Points
- Natural justice
- opportunity of hearing
- disqualification of elected members
- reservation for Scheduled Castes
- Maharashtra Village Panchayats Act
- 1959
- Section 14(1)(b-1)
- Section 16(1)(k-1)
- Section 16(2)
- Section 16(1)(k-2)
Case Details
2018 LawText (BOM) (11) 82
Writ Petition No.306 of 2017 and Writ Petition No.307 of 2017
Shri A.S. Dhore for petitioners, Shri A.V. Palshikar for respondents 1 & 2, Shri C.J. Dhumane for respondent 3, Shri M.P. Kariya for respondents 4 to 6
Kavita Prashant Kapse, Sau. Seema Nilesh Darne, Sau. Aruna Ramdas Uike, Shri Gautam Pandit Shendre
Additional Commissioner, Amravati Division, Amravati; Additional Collector, Yavatmal; Pankaj R. Barde; Dattakumar Wasudeorao Darne; Sau. Kalawati Suresh Chadge; Sau. Gumbha Subhash Mandare
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Nature of Litigation
Writ petitions challenging orders of disqualification of elected members of Gram Panchayat.
Remedy Sought
Quashing of the orders dated 30-06-2016 passed by Additional Collector, Yavatmal and dated 30-09-2016 passed by Additional Commissioner, Amravati Division, and direction to allow petitioners to continue as members.
Filing Reason
The petitioners were disqualified from being members of Gram Panchayat on the ground that they did not belong to the Scheduled Caste category for which the seats were reserved.
Previous Decisions
Additional Collector, Yavatmal disqualified the petitioners on 30-06-2016; Additional Commissioner, Amravati Division dismissed the appeal on 30-09-2016.
Issues
Whether the disqualification order was passed in violation of principles of natural justice as no opportunity of hearing was given.
Whether the disqualification under Section 16(1)(k-1) read with Section 14(1)(b-1) of the Maharashtra Village Panchayats Act, 1959 requires a finding that the member knowingly contested from a reserved seat without belonging to that category.
Whether the disqualification proceedings could be used to circumvent the limitation period for challenging the election under Section 16(2) of the Act.
Whether the disqualification under Section 16(1)(k-2) was attracted when the petitioners had submitted caste validity certificates.
Submissions/Arguments
Petitioners argued that they were not given an opportunity of hearing before the Additional Commissioner, and that they had submitted caste validity certificates and had not concealed their caste status.
Respondents argued that the petitioners did not belong to the Scheduled Caste category and were rightly disqualified.
Ratio Decidendi
The disqualification order was passed without affording opportunity of hearing, violating natural justice. The disqualification under Section 16(1)(k-1) read with Section 14(1)(b-1) requires a finding that the member knowingly contested from a reserved seat without belonging to that category, which was not recorded. The election was not challenged within limitation under Section 16(2), and disqualification proceedings cannot circumvent that. The petitioners had submitted caste validity certificates, so Section 16(1)(k-2) was not attracted.
Judgment Excerpts
The order passed by the Additional Commissioner is ex-facie unsustainable in law, inasmuch as, the order is passed without affording an opportunity of hearing to the petitioners.
The disqualification under Section 16(1)(k-1) read with Section 14(1)(b-1) would be attracted only if the member has knowingly contested the election from a constituency reserved for Scheduled Castes, Scheduled Tribes, etc. without belonging to that category.
The election of the petitioners was not challenged within the period of limitation prescribed under Section 16(2) of the Act, and the disqualification proceedings cannot be used to circumvent the limitation period.
Procedural History
Election to Gram Panchayat Hiwra Darne held on 24-11-2015. Petitioners elected. Respondent no.4 filed complaint alleging petitioners not belonging to Scheduled Caste. Additional Collector disqualified petitioners on 30-06-2016. Petitioners appealed to Additional Commissioner who dismissed appeal on 30-09-2016. Petitioners filed writ petitions on 30-01-2017. High Court allowed writ petitions on 01-11-2018.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: Section 14(1)(b-1), Section 16(1)(k-1), Section 16(2), Section 16(1)(k-2)
