Bombay High Court
Smt. Durgabai Vinod Rangari And Another vs The Additional Collector, Gondia And ... on 28 February, 2019
Author: Z.A.Haq
Bench: Z.A.Haq
Judgment 1 wp2341.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2341/2017
1] Smt. Durgabai Vinod Rangari,
Aged 33 years, Occ. Household,
R/o. Gram Panchayat Chilhati,
Tah. Goregaon, District Gondia
2] Smt. Nilabai Bhumeshwar Paradhi,
Aged 31 years, Occ. Household,
R/o. Gram Panchayat Chilhati,
Tah. Goregaon, District Gondia
.... PETITIONER
// VERSUS //
1] The Additional Collector, Gondia
Tah. And Dist. Gondia
2] The Tahsildar, Goregaon,
Tah. Goregaon, Dist. Gondia
3] Shri Bhushan Budhram Thakur,
R/o. Gram Panchayat Chilhati,
Tah. Goregaon, District Gondia
4] Shri Prakash Gulabchand Patle,
R/o. Gram Panchayat Chilhati,
Tah. Goregaon, District Gondia
5] Nageshwari Chuvanand Thakur,
R/o. Gram Panchayat Chilhati,
Tah. Goregaon, District Gondia
6] Smt. Ashabai Rajkumar Thakur,
R/o. Gram Panchayat Chilhati,
Tah. Goregaon, District Gondia
7] The Gram Panchayat Chilhati,
Tah. Goregaon, Dist. Gondia
Through its Secretary
.... RESPONDENT(S)
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Judgment 2 wp2341.17.odt
___________________________________________________________________
Shri V.G. Dhage, Advocate for the petitioners
Shri V.P. Maldure, AGP for the respondent nos. 1 and 2
Shri P.S. Tidke, Advocate for the respondent nos. 3 to 6
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : 28/02/2019
ORAL JUDGMENT :
1] Heard. 2] The petitioners got elected as members of the Gram Panchayat
in the election which was held in July, 2015. The petitioners got elected from the seats reserved for SC and OBC respectively. At the time of submitting the nomination forms, the petitioners had submitted their caste certificates, however, caste validity certificates were not submitted as they were not issued by the Scrutiny Committee till that date. As per Section 10-1A of the Maharashtra Village Panchayats Act, 1958 (for short "the Act of 1958") (as it stood then), the petitioners were required to submit the caste validity certificates within six months from the date of declaration of the result of the election. The petitioners had not received the caste validity certificates within time and therefore, they could not comply as per Section 10-1A of the Act of 1958. The learned Additional Collector, by order dated 23/03/2017 disqualified the petitioners from continuing as the Members of the Gram Panchayat. This order is challenged in this petition. ::: Uploaded on - 16/03/2019 ::: Downloaded on - 22/03/2019 10:21:40 :::
Judgment 3 wp2341.17.odt 3] The provisions of Section 10-1A of the Act of 1958 were
amended initially by the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018 (hereinafter referred to as "the Maharashtra Act No. LXVI of 2018"). The Maharashtra Act No. LXVI of 2018 was published in the Maharashtra Government Gazette on 14/12/2018. Section 2 of the Maharashtra Act No. LXVI of 2018 amended Section 10-1A of the Act of 1958.
Then the Maharashtra Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) (Amendment) Ordinance, 2019 (hereinafter referred to as "the Maharashtra Ordinance No. II of 2019") is promulgated. The Maharashtra Ordinance No. II of 2019 is published in the Maharashtra Government Gazette on 14/02/2019. Section 2 of the Maharashtra Ordinance No. II of 2019 has amended Section 2 of the Maharashtra Act No. LXVI of 2018.
The position as it stands today i.e. after issuance of the Maharashtra Ordinance No. II of 2019, is that any person who has obtained the caste certificate or the caste validity certificate after 26/03/2015, but has not filed such certificate within the stipulated period i.e. within 12 months from the date of declaration of the result of the election, shall not be deemed to be disqualified under the provisions of Act of 1958, if he has submitted the caste validity certificate to the competent authority after expiry of such stipulated period but before the publication of the Maharashtra Ordinance No. II of 2019 in the Official Gazette or if he submits such certificate within ::: Uploaded on - 16/03/2019 ::: Downloaded on - 22/03/2019 10:21:40 ::: Judgment 4 wp2341.17.odt three months from the date of publication of the Maharashtra Ordinance No. II of 2019 in the Official Gazette.
4] Section 8 of the Maharashtra Act No. LXVI of 2018 laid down that any person who had obtained the caste certificate or validity certificate but had not submitted the certificate prior to the commencement of the Maharashtra Act No. LXVI of 2018, he shall not be deemed to be disqualified under the provisions of the Panchayat law, if he submitted the certificate within three months from the date of commencement of the Maharashtra Act No. LXVI of 2018.
The proviso below Section 8 of the Maharashtra Act No. LXVI of 2018 laid down that the provisions of Section 8 of the Maharashtra Act No. LXVI of 2018 will not apply where the State Election Commission had already, prior to the date of commencement of the Maharashtra Act No. LXVI of 2018, had held elections to fill the vacancy of such person or declared the programme for holding of such election.
By Section 4 of the Maharashtra Ordinance No. II of 2019, Section 8 of the Maharashtra Act No. LXVI of 2018 is amended and Sub- section (2) is added. The effect of this amendment is that the person, who has obtained the caste certificate or validity certificate after 26/03/2015 but has not submitted the certificate within the stipulated period as per the provisions of the Act of 1958, is protected and is not deemed to be disqualified under the provisions of the Act of 1958 if he has submitted the ::: Uploaded on - 16/03/2019 ::: Downloaded on - 22/03/2019 10:21:40 ::: Judgment 5 wp2341.17.odt validity certificate to the competent authority after expiry of such stipulated period but before the publication of the Maharashtra Ordinance No. II of 2019 in the Official Gazette, or if he submits the certificate within three months from the date of publication of the Maharashtra Ordinance No. II of 2019 in the Official Gazette.
5] In the present case, the petitioners got the caste validity certificates on 16/02/2016 and 24/01/2017 respectively, and submitted them to the competent authority after expiry of the stipulated time as per Section 10-1A of the Act of 1958 (as it stood prior to the amendment). On 18/04/2017, this Court has granted an interim order in favour of the petitioners and has permitted the petitioners to continue as the members of the Gram Panchayat. Consequently, the petitioners continue in the posts of Member of the Gram Panchayat and the vacancies are not notified and therefore, there is no question of holding of election for that posts. 6] In view of the above facts, it is clear that the petitioners get benefit of Section 4 of the Maharashtra Ordinance No. II of 2019 by which Sub-section (2) is introduced in Section 8 of the Maharashtra Act No. LXVI of 2018. As the petitioners claim that they have submitted the caste validity certificates after expiry of the stipulated time as required by Section 10-1A of the Act of 1958 i.e. before the publication of the Maharashtra Ordinance No. II of 2019 in the official gazette, as per Section 8 (2) of the Maharashtra ::: Uploaded on - 16/03/2019 ::: Downloaded on - 22/03/2019 10:21:40 ::: Judgment 6 wp2341.17.odt Act No. XLVI of 2018 (as amended by Section 4 of the Maharashtra Ordinance No. II of 2019) and this fact is not denied by the respondents, the petitioners cannot be deemed to be disqualified for not submitting the caste validity certificates within the period as was stipulated earlier.
Hence, the following order is passed:-
ORDER
a) The impugned order is set aside.
b) The complaint filed by the respondent nos. 3 to 6 against the petitioners is dismissed. Rule is made absolute in the above terms. In the circumstances, the parties to bear their own costs.
JUDGE Ansari ::: Uploaded on - 16/03/2019 ::: Downloaded on - 22/03/2019 10:21:40 :::