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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.J. Kathawalla, Milind N. Jadhav, JJ.
Anil Buvasaheb Jagtap – Appellant
Versus
The State of Maharashtra Through the Divisional Commissioner and Others – Respondents
Writ Petition No. 8807 of 2021
Decided On : 24-02-2022
Property Tax - Disqualification of Elected Member - Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, Section 16, 58, 62
Fact of the Case:
The Petitioner, an elected member of Wai Panchyat Samiti, was declared ineligible to continue as a member of Kenjal Gram Panchayat due to non-payment of property tax. The Petitioner challenged the order disqualifying him.
Finding of the Court:
The court found that the property tax bill was not duly served on the Petitioner as required by the statute, and the Respondents failed to prove the service of the bill. The court held that the Petitioner did not incur disqualification as a member of the Gram Panchayat.
Issues: The main issue was whether the Petitioner incurred disqualification under Section 16(1)(k) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 due to non-payment of property tax.
Ratio Decidendi: The court emphasized that strict adherence and compliance to the rule of law is required for disqualification under Section 16(1)(k). It held that the property tax bill must be duly served on the person, and the failure to pay within the prescribed period must be established.
Final Decision: The court quashed the order disqualifying the Petitioner and restored him to the post of 'Member' of Wai Panchyat Samiti, Wai for the remainder of his term.
JUDGMENT :
S.J. Kathawalla, Milind N. Jadhav, JJ.
By the present petition, the Petitioner has prayed for the following reliefs :-
b. This Hon'ble Court may after considering legality, validity and propriety of the impugned order dated 01.11.2021 passed by the Additional Divisional Commissioner, Pune Division, Pune Panchayat Samiti/Wai/Dispute Application/Satara No.2019 be pleased to quash and set aside same and restore the Petitioner to the post of member of Wai Panchayat Samiti, Wai.”
2. By the impugned order dated 01.11.2021 the Additional Divisional Commissioner, Pune Division has declared the Petitioner to be ineligible to continue as the member of Kenjal Gram Panchayat, Taluka Wai, District Satara, on the ground that the Petitioner has incurred disqualification on account of non-payment of property tax within the prescribed period from the date on which the amount of tax was demanded and a bill for the purpose was duly served on him.
3. Before we advert to the submissions, it will be apposite to refer to the relevant facts briefly.
3.1. Petitioner is an elected member of Wai Panchyat Samiti from village Kenjal group under Ozarde constituency of Satara Zilla Parishad since 23.02.2017; Petitioner is also the Deputy Chairman of Wai Panchayat Samiti.
3.2. Respondent Nos. 2 and 3, elected members of Wai Gram Panchayat, the original complainants filed Dispute Application before the Respondent No. 1 - Divisional Commissioner, Pune seeking disqualification of the Petitioner as member of the Gram Panchayat for non- payment of property tax under the provisions of Section 16 read with Sections 58 and 62 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short: "the said Act").
3.3. Petitioner is the co-owner of property bearing House No. 237 situated in the gaothan of village Kenjal which stands in the name of the Petitioner's father in the revenue records. The names of the Petitioner and other legal heirs is yet to be mutated in the revenue records. However, the Petitioner's family members are in use and occupation of the said house and thus responsible for payment of property tax levied by the Gram Panchayat. The property tax bill of House No. 237 is not drawn on the name of the Petitioner. Petitioner is the owner of property bearing House No. 1186 situated in village Kenjal and registered with the Kenjal village Panchayat since 29.04.2017. According to the Petitioner, this property was assessed for payment of property tax for the first time in 2018-2019 by the Gram Panchayat.
3.4. It is the case of the Respondents that the Petitioner has defaulted in payment of property taxes despite service of the property tax bills upon him as under:
(ii) Bill for Rs. 9,385/- being the outstanding amount of property tax in respect of house No. 237.
3.5. Respondents state that the property tax bills were served upon the Petitioner; the bills were received by the Petitioner's Manager Shri. Dashrath Kadam on 28.09.2018 and 07.10.2018; however the bills have remained unpaid thereafter.
3.6. In the impugned order, the Additional Divisional Commissioner has relied on the Report dated 03.09.2021 filed by the Respondent No. 4 stating that the outstanding property tax bills were duly served upon Shri. Dashrath Kadam, the servant of the Petitioner.
3.7. At the time of hearing of the Dispute Application before the Respondent No. 1 the Petitioner opposed the Respondent's case and made the following submissions:-
(ii) that the Petitioner has not emp
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