HIRAMAN NARHARI BHABADversusASHOK BHANUDAS SABLE AND ORS.

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                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.1347 OF 2006

                      Hiraman Narhari Bhabad                          … Petitioner
                                V/s.
SHABNOOR              Ashok Bhanudas Sable & Ors.                     … Respondent
AYUB
PATHAN
Digitally signed by   Mr. P. N. Joshi, for the Petitioner.
SHABNOOR AYUB
PATHAN
Date: 2026.03.04      Mr. P. P. Kakade, Addl. GP, a/w Mr. Hamid D. Mulla,
17:02:26 +0530
                      AGP, for the State – Respondent Nos.4 and 5.


                                                    CORAM        : AMIT BORKAR, J.

                                                    DATED        : MARCH 4, 2026
                      P.C.:

                      1.      The present petition questions the legality of the order
                      passed by the Collector while exercising powers under Section
                      16(2) of the Maharashtra Village Panchayats Act, 1959. By the said
                      order the Collector has held that the petitioner has incurred
                      disqualification to continue as a member of the Village Panchayat
                      on the ground that he has more than two children as on the date
                      of his election. The Collector has further directed that prosecution
                      be initiated against the petitioner. The petitioner has therefore
                      approached this Court contending that the order suffers from legal
                      and factual infirmities.

                      2.      According to the petitioner, the finding of disqualification
                      has been recorded without proper appreciation of the material
                      placed on record and without examining the issue in the manner
                      required by law.


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3.    To appreciate the controversy it is necessary to keep in mind
the nature and consequence of a finding of disqualification.
Disqualification under the Act is not a mere technical matter. Once
such a finding is recorded, the elected representative loses the
right to continue in office. It therefore affects not only the
individual concerned but also the democratic choice expressed by
the voters of the village. For this reason the authority exercising
such power must examine the issue carefully and must base its
decision strictly on the requirements laid down in the statute.

4.    A plain reading of Section 16(2) of the said Act shows that
the Collector has been entrusted with the authority to determine
whether a member of a Village Panchayat has incurred any of the
disqualifications prescribed under the Act. The provision thus
confers adjudicatory power upon the Collector to decide a specific
question. That question is whether the elected member has
become disqualified to continue in office in view of any statutory
ground mentioned in the Act. The Collector, while exercising such
power, is therefore expected to examine the factual position placed
before him and apply the statutory provisions to those facts.

5.    The scope of the power under Section 16(2) is therefore
limited but important. The Collector acts in a quasi judicial
capacity. He must therefore consider the material placed by the
parties, hear them if necessary, and then record a reasoned
conclusion as to whether the statutory disqualification has been
attracted. The decision must show that the authority has applied
its mind to the relevant facts and the statutory requirement. Only
then can the order sustain in law.



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6.    It has also been brought to the notice of the Court that
pursuant to the direction issued by the Collector in the impugned
order, a First Information Report has already been registered and
criminal proceedings are presently pending against the petitioner.
In view of this development it becomes necessary to clarify the
position of law so that there is no confusion in the conduct of the
criminal trial.

7.    The criminal proceedings which have been initiated must
proceed strictly in accordance with the criminal law. The criminal
court will examine the allegations, the evidence produced by the
prosecution, and the defence of the accused independently. The
findings recorded by the Collector in the present proceedings are
only for the purpose of deciding the question of disqualification
under the statute. Those observations cannot bind the criminal
court while determining criminal liability.

8.    It is therefore clarified that the criminal court shall decide
the case on its own merits. The court will consider only the
evidence and material that is placed before it in accordance with
law. Any prima facie observations or conclusions recorded by the
Collector in the impugned order shall not influence the
adjudication of the criminal case. The criminal proceedings must
stand on their own footing and must be determined independently
by the competent court in accordance with law.

9.    With the aforesaid clarification, the petition stands disposed
of.


                                              (AMIT BORKAR, J.)


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