Maharashtra Village Panchayats Act, 1959, Section 10-1A – Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act,2023, Sections 3 and 4 – 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, Section 3 – Maharashtra Scheduled Castes, De–notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category(Regulation of Issuance and Verification of) Caste Certificate Rules, 2012, Rule 14 to 17 – Panchayat – No confidence motion against Sarpanch – Right to vote by a member Elected on reserved seat – Caste Certificate and Validity Certificate – Non furnishing of by appellant No. 1 – Whether Appellant No. 1 is entitled to the protection of Sections 3 and 4 of the Temporary Extension Act,2023? – After obtaining his caste certificate on03.02.2013, it was only on 30.12.2020 that is on the same day of the nomination that the Appellant No. 1 moved the Scrutiny Committee for obtaining the Validity Certificate – The elections were held on 18.01.2021 and the results were declared on 21.01.2021 – He ought to have furnished the Validity Certificate by 20.01.2022- Appellant No. 1 admitted in the second application filed on14.06.2023 that in spite of possessing the declaration of the result, for some reason, he could not file the same with the Scrutiny Committee – The consequence was that on20.01.2022, the Appellant No.1 stood automatically disqualified as a Member with retrospective effect from the date of his election, under Section 10-1A of the Panchayats Act – On 01-03/4/2021, under Rule 17(2) and 17(3) of the Caste Certificate Rules, the applications were ‘filed’ for not submitting of the notification of his election and that the said order was never challenged by the Appellant No.1 and so it has attained finality – Protective umbrella of Section 3of the Temporary Extension Act, 2023 will not be available to Appellant No.1 since he is hit by Section 3(2)(b), for the reason that there was no valid application pending on the date of the commencement of the said Act – High Court was right in setting aside the rejection of the No Confidence Motion and in holding that the No Confidence Motion against Appellant No. 2-Sarpanch, was duly carried – The High Court was justified in quashing the declaration dated 19.06.2023 declaring that the No Confidence Motion had failed. (Para 36 to 41)
SUPREME COURT OF INDIA
2024 STPL(Web) 81 SC
[2024 INSC 90]
Sudhir Vilas Kalel & Ors. Vs. Bapu Rajaram Kalel & Ors.
Civil Appeal No. 1776 of 2024 (@ Special Leave Petition (C) No. 23017 of 2023)-Decided on 7-2-2024
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