IMPORTANT POINT
A person who has ceased to be a member because of automatic disqualification, cannot continue as Sarpanch of Gram Panchayat.

JUDGMENT

K.V. Viswanathan, J.

1. Leave Granted.

2. The ‘war’ in this case is over the validity of a No Confidence Motion against Appellant No. 2 – Sushila Sitaram Kalel, the Sarpanch (Village head) of Jambulani Gram Panchayat. However, there is a ‘battle’ within, which entirely determines the result of the war. It is on the validity of the membership of Appellant No. 1 – Sudhir Vilas Kalel in the Panchayat. A Motion of No Confidence is to be carried by not less than three-fourth of the total number of members who are entitled, to ‘sit’ and ‘vote’. If the Appellant No. 1 was entitled to ‘Sit’ as a member on 19.06.2023, then the No Confidence Motion against Appellant No.2 cannot ‘Stand’, to deploy a Denningesque phrase. The High Court has found against the appellants. Aggrieved, they are before us in appeal.

3. Was the Appellant No.1, in law, a member of the Panchayat, entitling him to vote, is the question that arises for consideration in this case. Is the Appellant No. 1 covered by the protective umbrella under Sections 3 and 4 of the Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act, 2023 [hereinafter referred to as the “Temporary Extension Act, 2023”]? If the answer is in the affirmative, the election of the Appellant No. 1 as a reserved Member in the election of the Gram Panchayat of Village Jambulani would stand validated. Consequently, the No Confidence Motion expressing No Confidence in the Appellant No. 2 – Sushila Sitaram Kalel (the Sarpanch) would also stand nullified. If Appellant No. 1 is held not to be entitled to the benefit of Section 3 of the Temporary Extension Act, 2023, then he would be deemed to have vacated his seat and consequently, the No Confidence Motion would stand carried. For a fuller understanding, the background facts and the statutory regime need to be set out in some detail.

Brief facts and the Legislative Regime:

4. On 30.12.2020, the Appellant No. 1 filed his nomination papers for contesting elections as a Member of the Panchayat of Village Jambulani, District Satara on a seat reserved for the OBC category. As early as on 03.02.2013 itself, the Appellant No. 1 was issued a Caste Certificate by the Sub Divisional Officer, District Satara certifying that he belongs to ‘Lonari’ Caste which is an Other Backward Class. He had on the same day of filing his nomination papers i.e. on 30.12.2020 applied for a Validity Certificate. This Validity Certificate is an essential requirement under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 [hereinafter referred to as the “Caste Certificate Act, 2000”]. There are elaborate rules framed under this Act which will be discussed later in the judgment.

5. Under Section 3 of this Act, any person belonging to Other Backward Class for the purpose of contesting for any elective post in any local authority, should apply in such form and in such manner as may be prescribed, to the Competent Authority for the issuance of a Caste Certificate. Under Section 4 of this Act, the Competent Authority is entitled to issue a Caste Certificate. This is a Certificate which the Appellant No. 1 possessed on 03.02.2013. However, this alone is not conclusive. Under Section 4(2), the Caste Certificate issued by the Competent Authority would be valid subject to the verification and grant of Validity Certificate by the Scrutiny Committee. Under Section 6 of this Act, the Government is authorized to constitute a Scrutiny Committee and prescribe the area of its jurisdiction. Under Section 6(2) of this Act, after obtaining the Caste Certificate from the Competent Authority, any person, desirous of availing of the benefits or concessions provided to the said caste, is authorized to make an application, w