Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act, 2023 – ss.3, 4 – Maharashtra Village Panchayats Act, 1959 – ss.35, 10(1A), 30(1A) – Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 – ss.3, 4 of the 2023 Act – Protection under – When not available – No Confidence Motion against Appellant No.2-Sarpanch of the Gram Panchayat – Validity – Appellant No.1 if was a member of the Panchayat entitled to vote and covered by the protective umbrella u/ss.3 and 4:
Held: Temporary Extension Act was enacted since the Scrutiny Committees were overburdened with the work of verification of Caste Certificates and the elected members were facing difficulties in obtaining the Validity Certificates within the prescribed time – It aimed to protect the applicants whose applications were still pending before the Scrutiny Committee – The idea was that such elected candidates ought not to be deprived merely because of non-issuance of Validity Certificates when the applications are still pending – Appellant No.1 stood automatically disqualified as a Member since he failed to produce the Validity Certificate within
12 months from the date of his election – The protective umbrella of s.3 of the Temporary Extension Act, 2023 will not be available to Appellant No.1 since he is hit by s.3(2)(b), as there was no valid application pending on the date of the commencement of the said Act – Appellant No.1 ceased to be a member because of the automatic disqualification – The contention that there was no rejection and that it was only a “filing” or “lodgment” of the application by the Scrutiny Committee, not accepted – The rejection in s.3(2)(b) will also include those cases where applications came to be rejected on account of defaults committed at the end of the applicants themselves – Proceedings of the Tahsildar dtd.19.06.2023 rejecting the No Confidence Motion on the ground that the voting requirement of three-fourth of the members “entitled to sit and vote”, was not fulfilled, cannot be sustained and was rightly set aside by the High Court – High Court also rightly set aside the rejection of the No Confidence Motion holding that the No Confidence Motion against Appellant No. 2-Sarpanch, was duly carried – Order of the High Court affirmed. [Paras 31, 39, 40, 42-44]
Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act, 2023 – s.3(1)(b), (2)(b):
Held: s.3 covers the cases of persons who had applied to the Scrutiny Committee for verification of their Caste Certificate before the date of filing of the nomination papers and who were elected on the reserved seat; and whose applications were pending before the Scrutiny Committee on the date of commencement of the Act– It is mandated that they can produce the certificate within twelve months from the date of commencement of the Temporary Extension Act, 2023 i.e. till 09.07.2024 – Under s.3(1), the further period of twelve months from 10.07.2023 was for those whose applications were validly filed and pending and where their applications have been submitted before the date of nomination – Sub-section (2)
(b) clearly states that the provisions of sub-section (1) shall not apply where the member whose application of Validity Certificate had been rejected by the Scrutiny Committee. [Paras 31, 38]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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