Bombay High Court
Ramnath Namdeo Rajpure vs The Additional Divisional ... on 26 October, 2016
Bench: T.V. Nalawade
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WRIT PETITION.287.16.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 287 OF 2016
Shri. Ramnath S/o Namdeo Rajpure,
Age: 53 years, Occu. : Agri.,
R/o. Balamtakli. Tal- Shevgaon,
Dist- Ahmednagar. ... PETITIONER
V E R S U S
01.
The Additional Divisional Commissioner,
Nashik Division, Nashik.
02. The Additional District Collector,
Dist- Ahmednagar.
03. Ashok S/o Janardhan Kale,
R/o- Balamtakli, Tq- Shevgaon,
Dist- Ahmednagar.
04. The Returning Officer,
Balamtakli Grampanchayat, Tq- Shevgaon,
Dist- Ahmednagar.
05. The Gramsevak,
Balamtakli Grampanchayat, Tq- Shevgaon,
Dist- Ahmednagar.
06. Shaikh S/o Isak Badshah,
R/o- Balamtakli, Tal- Shevgaon,
Dist- Ahmednagar. ... RESPONDENTS
...
Mr. Satish B. Parnere, Advocate for Petitioner.
Mr. S. N. Kendre, AGP for Respondent Nos.1 & 2.
Mr. S. B. Gastgar, h/f Mr. S. N. Patne, Advocate for Respondent No.3.
Mr. S. T. Shelke, Advocate for Respondent No.4.
...
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WRIT PETITION.287.16.odt
CORAM : T. V. NALAWADE, J.
DATE : 26th October, 2016.
JUDGMENT:
. Rule. Rule made returnable forthwith. Heard both the
sides by consent for final disposal.
2 The present petition is filed to challenge the order made
by the learned Additional Commissioner in Appeal No.27 of 2013.
The learned Commissioner has allowed the appeal and the order
made by the learned Additional Collector, Ahmednagar in
disqualification proceeding No.4 of 2013 is set aside. The learned
Collector had held that after relevant date, after 12th September, 2001,
more than two issues were born to present Respondent No.3 Ashok
Kale and order was made accordingly. It was contended before the
learned Commissioner by Kale that there was no record except birth
certificates and so it is not possible to disqualify him. Review
application was also filed by the present Petitioner before the learned
Additional Commissioner, but the said review application is dismissed
as not maintainable.
WRIT PETITION.287.16.odt
3 In the application filed against Ashok Kale before the
Collector by the present Petitioner, it was contended that in the
nomination form filled for the election of Village Panchayat Balamtakli
false declaration was made that Ashok was having only two issues. It
is contended that Ashok has more than two issues and all of them
were born after relevant date 12th September, 2001 and so he needs
to be declared as disqualified. It appears that when the proceeding
was filed there was a record like birth certificates in respect of
Akanksha dated 29th December, 2003, birth certificate in respect of
Pinti dated 17th September, 2005 and birth certificate in respect of
Jivan showing that Jivan was born on 26th December, 2008. There is
now the record to show that one issue was born on 6 th September,
2002 also and one issue was born on 22nd December, 2007 and thus,
the Petitioner was having five children.
4 It is the case of Ashok that prior to 16 th December, 2008
his two children had died. He had contended that one issue was born
on 22nd December, 2007 had died few days immediately after the
birth. It appears that the death of the said child is not disputed.
However, in respect of other case that one daughter who was born on
WRIT PETITION.287.16.odt
17th September, 2005 had died on 14th January, 2011, there was
dispute and record was produced to show that inquiry was held and it
was found that said daughter was not dead. Ashok had even
collected death certificate in respect of that daughter, but that
certificate was cancelled after making inquiry. It appears that it
revealed during inquiry that said daughter was given in adoption to a
brother of Ashok. Some attempt was made to show that one issue
was born to his brother by creating false record in the school and
producing a false copy of a birth certificate there. That certificate was
also found to be false.
5 The aforesaid circumstances show that the person like
Ashok Kale are ready to go to any extent to remain in politics. He
created even false record of death in respect of his own issue.
6 Even if the aforesaid conduct of Ashok is ignored, it can
be said that after relevant date, five issues were born to him and even
if it is presumed that two issues died, he cannot escape from
disqualification. On the birth of third issue, the first two issues were
alive and so he incurred disqualification on the birth of third issue. It is
immaterial that after that said third issue or other issue of Ashok died.
WRIT PETITION.287.16.odt
7 On the aforesaid point, the learned counsel for the
Petitioner placed reliance on the case reported as 2015(4) Mh.L.J.
448 (Premdas Gulab Chavan Vs. Additional Commissioner, Amravati
and others). In para 5 of the said judgment, this Court has made
following observations:
"5. In view of the aforesaid law laid down by this
Court, the fact as to whether one child out of three children
expired on 1-12-2007 i.e. before the date of contesting the
elections would be of no relevance. The fact that there
was increase in the number of children after the cutoff date
i.e. 12-9-2001 is the relevant factor. Undisputedly, the
respondent No.3 was not a sitting member of Panchayat
on 12-9-2001 and there was increase in the number of
children after the cutoff date. In view of this, respondent
No.3 cannot be saved from the disqualification."
8 In view of the purpose behind the provisions of Section
14(1)(J) of the Maharashtra Village Panchayats Act, 1959 and the
aforesaid interpretation made by this Court, this Court holds that the
learned Additional Commissioner has committed error in interfering
the order made by the Collector. Such order cannot sustain in law.
9 In the result, the petition is allowed. The order made by
WRIT PETITION.287.16.odt
the learned Commissioner is hereby set aside. The order of
disqualification made by the learned Additional Collector is hereby
restored. Rule is made absolute in above terms.
[ T. V. NALAWADE, J. ]
ndm
