Bombay High Court
Abdul Razique Shaikh Haroon vs Additional Collector, Amravati ... on 20 January, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2757/2017
Abdul Razique Shaikh Haroon,
aged about 49 years, Occ. Business,
r/o Talegaon Mohna, Tq. Chandur Bazar,
Dist. Amravati. .....PETITIONER
...V E R S U S...
1. Additional Collector, Collector Office,
Amravati, District Amravati.
2. Additional Commissioner, Amravati
Division, Amravati.
3. Secretary, Village Panchayat,
Village Talegaon, Tq. Chandur Bazar,
Dist. Amravati.
4. Head Master, Zilla Parishad Urdu School,
Talegaon, Tq. Chandur Bazar,
Dist. Amravati.
5. Suresh Shriramji Akolkar, aged 38 years,
Occ. Sarpanch, Gram Panchayat, Talegaon,
Tq. Chandur Bazar, r/o village Talegaon,
Tq. Chandur Bazar, Dist. Amravati. ...RESPONDENTS
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Mr. R. J. Mirza, Advocate for petitioner.
Mrs. M. A. Barabde, A.G.P. for respondent nos. 1 and 2.
Mr. V. B. Gaoli, Advocate for respondent no.4.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 20.01.2021
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of learned counsel for parties.
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2. On 03.05.2017, notice of final disposal was issued. All
the respondents are duly served. In spite of that, respondent
nos.4 and 5 are not appearing. The petitioner is represented by
Mr.Mirza, learned counsel. Respondent nos.1 and 2 are
represented by Mrs. Barabdhe, learned A.G.P. Respondent no.3 is
represented by Mr. Gaoli, learned counsel.
3. Respondent no.5 filed a proceeding before Additional
Collector, Amravati for declaring the petitioner as disqualified in
view of the provisions of Section 14 (1) (J-i), 16(2) of the
Maharashtra Village Panchayats Act, 1958 on the ground that
petitioner is having three children. The proceedings were
contested by the petitioner. The learned Additional Collector,
Amravati in Maharashtra Village Panchayat Case No.-3/Section 14
(1) (J-1)/Talegaon Mohna/2015-2016, allowed the proceeding
filed on behalf of respondent no.5 and declared that the petitioner
has incurred disqualification. The said order was carried in
Appeal No.135/MVP16(2)/Talegaon Mohna/2015-16 and the
learned Additional Commissioner, Amravati Division, Amravati
vide order dated 22.11.2016 dismissed the appeal filed by the
petitioner.
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4. Mr. Mirza, learned counsel for petitioner, submitted
that matter needs remand inasmuch as according to him, though
respondent no.4 has given certificate in the nature of admission
register of the school to show that Abdul Safan is son of the
petitioner, statement was not signed by the Head Master and also
copy of document was not given to him. Record of proceedings
were called and at page no. 39, there is a reply on behalf of non
applicant no.3 before the Collector, who is respondent no.4 in this
writ petition. It shows that it was signed by his Advocate. There
is no solemn statement on behalf of Head Master.
5. Disqualification is a drastic step thereby the person
who is declared disqualification for having more than two children
is permanently debarred from contesting election. In this
situation, fair opportunity has to be given to the person who is
sought to be disqualified. In view of the fact that there was no
certificate from the competent authority in respect of birth of the
third child and the document which was relied upon by the
authorities below, which was filed on record by respondent no.4
herein, was not supplied, in my view, this matter needs remand.
Hence I pass the following order.
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ORDER
(i) The writ petition is partly allowed.
(ii) Impugned orders dated 31.05.2016 passed
by respondent no.1, in G.P.Case No.MVP 3/Section
14(1)(J-1)/ Talegaon Mohna/2015-16 and dated
22.11.2016 passed by respondent no.2, in Appeal
No.135-BVP/16(2)/Talegaon Mohana/ 2015-16 are
quashed and set aside.
(iii) The proceeding G.P.Case No.MVP 3/
Section 14(1) (J-1)/ Talegaon Mohna/2015-16, stands
remanded to the Court of Additional Collector,
Amravati. After remand, the Collector shall issue
notice afresh to the parties and shall decide the same,
in accordance with law, after giving full opportunity to
the petitioner as well as respondent no.4.
Rule is made absolute in the above terms.
No order as to costs.
JUDGE
kahale
