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NO-CONFIDENCE MOTION RESOLVED: SUPREME COURT ISSUES KEY RULING ON VALIDITY CERTIFICATE UNDER MAHARASHTRA EXTENSION ACT, 2023

 TITLE: SUDHIR VILAS KALEL & ORS… v. BAPU RAJARAM KALEL & ORS.

CITATION: CIVIL APPEAL NO. 1776 OF 2024 (@ SPECIAL LEAVE PETITION (C) NO. 23017 OF 2023)

DECIDED ON: 7 FEBRUARY 2024                

CORAM: JUSTICE VIKRAM NATH, JUSTICE K.V. VISWANATHAN

 

 

Facts of the Case

 

The case at hand involves the validity of a No Confidence Motion against the Sarpanch of Jambulani Gram Panchayat, hinging on the membership status and voting rights of Sudhir Vilas Kalel. The critical issue centers on the interpretation of the Maharashtra Temporary Extension of Period for Submitting Validity Certificate Act, 2023. Sudhir Vilas Kalel’s entitlement to vote depends on the application of this Act, which extends the submission period for Validity Certificates, excluding rejected applications. The legal backdrop includes the Maharashtra Scheduled Castes, De-notified Tribes Act, 2000, and the Maharashtra Village Panchayats Act, 1959, outlining eligibility criteria for Panchayat membership.

 

Issues Involved

 

Whether Sudhir Vilas Kalel was a valid member of the Panchayat, entitled to vote in the No Confidence Motion. The applicability of the Maharashtra Temporary Extension of Period for Submitting Validity Certificate Act, 2023, to Sudhir Vilas Kalel’s case, considering the rejection of his application.

 

Legal Provisions

 

Maharashtra Temporary Extension of Period for Submitting Validity Certificate Act, 2023: Provides a twelve-month extension for candidates with pending Validity Certificate applications. Excludes rejected applications from the purview of the extension. Maharashtra Scheduled Castes, De-notified Tribes Act, 2000: Contains provisions related to the eligibility and rights of members in Panchayats. Maharashtra Village Panchayats Act, 1959: Governs the establishment and functioning of Village Panchayats, outlining the eligibility criteria for membership.

 

Court’s Observation and Analysis

 

The Supreme Court meticulously dissected the legislative framework, delving into the nuances of the Temporary Extension Act, 2023. The court emphasized the exclusionary clause concerning rejected applications, drawing attention to the act’s purpose and limitations. A thorough examination of the sequence of events, from application filing to rejection by the Scrutiny Committee, formed the basis of the court’s contextual understanding. The judgment underscored the implications of the rejection of Sudhir Vilas Kalel’s Validity Certificate application, stressing legal and procedural obligations related to certificate submission. The court highlighted the overarching significance of statutory compliance, culminating in the conclusion that the Temporary Extension Act did not apply to Sudhir Vilas Kalel, ultimately determining the validity of the No Confidence Motion against the Sarpanch.

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Written by- Komal Goswami

 

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