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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
MANISH PITALE, J.
Smt. Kalmati Ramkrupal Yadav – Appellant
Versus
Chandrapur City Municipal Corporation – Respondent
Writ Petition No.1904 of 2020
Decided on : 24-06-2021
Maharashtra Municipal Corporations Act, 1949 - Section 5B - Election - Caste Certificate - Statutory requirement - Post of member of Municipal Corporation - disqualified - Claims that impugned order passed by respondent is rendered unsustainable, although it is based on a mandatory provision of Act, 1949, because of the situation created by lock-down and orders passed in that context by Hon’ble Supreme Court in a suo-moto proceeding, with a view to provide succour to individuals like petitioner who were caught unawares in crisis created by COVID-19 virus - Whether created by COVID-19 crisis and consequent imposition of countrywide lockdown petitioner could claim that her election could not be held to be terminated retrospectively under Section 5B of said Act.
Finding of the court:
Evident from the details of the proceeding provided by the office of Committee. Despite efforts made by the petitioner, the proceedings initiated before the Caste Scrutiny Committee could not be terminated before the expiry of mandatory period of twelve months under proviso to Section 5B of the said Act. The Caste Scrutiny Committee could not hold meetings and it could not proceed with application of petitioner due to imposition of lock-down on 22/03/2020. But for the intervening circumstance of COVID-19 crisis and consequent lock-down, Caste Scrutiny Committee would have been able to complete proceeding regarding Caste Validity Certificate of petitioner - Period of limitation prescribed under general law or Special Laws whether condonable or not, stood extended w.e.f. 15/03/2020 until further orders, in view of challenge faced by Country on account of COVID-19 virus.
Result: Writ Petition is allowed
JUDGMENT :
Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.
(2) Rule. Rule made returnable forthwith. The Writ Petition is heard finally with the consent of learned counsel for the rival parties.
(3) The spread of COVID-19 virus and consequent countrywide lockdown imposed in March 2020 has led to a situation wherein the petitioner claims that she has been wrongly held to be disqualified from holding the elected post of member of the Chandrapur Municipal Corporation. The petitioner claims that the impugned order dated 23/06/2021 passed by the respondent is rendered unsustainable, although it is based on a mandatory provision of the Maharashtra Municipal Corporations Act, 1949, because of the situation created by the aforesaid lock-down and orders passed in that context by the Hon’ble Supreme Court in a suo-moto proceeding, with a view to provide succour to individuals like the petitioner who were caught unawares in the crisis created by the COVID-19 virus.
(4) The petitioner was elected as Member of the Municipal Corporation of Chandrapur from a seat reserved for the Other Backward Class (women category). By a notification issued on 23/06/2019 by the Election Officer of the respondent Municipal Corporation, the petitioner was declared as elected. A certificate dated 24/06/2019 issued by the Election Officer of the respondent Municipal Corporation certified that the petitioner stood elected under the said category of reservation.
(5) As per Section 5B of the aforesaid Act, a person contesting election for a reserved seat is mandatorily required to submit Caste Certificate issued by the Competent Authority, as also Validity Certificate issued by the Caste Scrutiny Committee along with the nomination paper. Proviso to the Section 5B of the said Act specifies that a person from the reserved category who has applied to the Caste Scrutiny Committee for verification of caste certificate can also file nomination and contest the election, provided Caste Validity Certificate is produced within a period of twelve months from the date of election of such person. It is further specifically stated in the proviso that if Validity Certificate is not produced within the aforesaid period of twelve months, the election of such person shall be deemed to have been terminated retrospectively and she shall be disqualified from being a Member.
(6) In the present case, it is undisputed that when the petitioner filed her nomination paper to contest from the aforesaid reserved seat, she had already applied before the Caste Scrutiny Committee for grant of Caste Validity Certificate. Therefore, as per the proviso to Section 5B of the aforesaid Act, she was required to produce Caste Validity Certificate within a period of twelve months from being elected. The said period expired on 23/06/2020.
(7) The respondent Corporation through its Commissioner passed the impugned order dated 23/06/2020, holding that the election of the petitioner stood terminated with retrospective effect and she stood disqualified from being a Member in the respondent Corporation, in view of the fact that the twelve months period specified in proviso to Section 5B of the said Act, expired on the said day and the petitioner had admittedly failed to produce the Caste Validity Certificate.
(8) The petitioner filed the present Writ Petition challenging the said order, primarily on the basis that although she had taken all possible steps on her part before the Caste Scrutiny Committee for grant of Caste Validity Certificate, but, due to the sudden countrywide lock-down imposed on 22/03/2020 following the COVID-19 pandemic, the Caste Scrutiny Committee could not hold sittings and the application filed by the petitioner could not be decided. The petitioner claimed that the drastic consequence of deemed termination of election of the petitioner with retrospective effect and her disqualification ought not to visit her under S
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