Section 2   [ View Judgements ]

Amendment of section 14 of Bom. III of 1959

Section 14 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as "the Village Panchayats Act"), shall be re-numbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-sections shall be added, namely :-

"(2)(a) A person shall be disqualified for being a member of a panchayat or for contesting an election for being elected as such member, for a period of six years, if, an order is passed by the concerned authority, under sub-section (5) of section 15 or section 16, as the case may be, holding that such person was elected as a member to a seat which was reserved for a member belonging to a Scheduled Caste, Scheduled Tribe or a Backward Class of citizens (hereinafter referred to as "a reserved category"), on the basis of a false claim or a false Caste Certificate, declaring that such person belonged to such reserved category.

(b) Such period of disqualification shall be computed with effect from the date of passing of such order either under sub-section (5) of section 15 or the order of the Collector being upheld by the State Government in appeal under subsection (2) of section 16, as the case may be.

(3)(a) Notwithstanding anything contained in sub-section (2), a member of a panchayat who has been elected to a reserved seat [as mentioned in sub-section (2)], shall be disqualified for being such member consequent upon the Caste Certificate Verification Committee or any other Competent Authority specified by the State Government for the purpose of scrutiny of the Caste Certificate, declaring the Caste Certificate of such member to be invalid and cancelling the same, on the ground of the same having been based on a false claim or declaration made by such person claiming to be belonging to the reserved category, and thereupon the member shall be deemed to have vacated his office on and from the date of declaration of such Certificate to be invalid and cancellation of the same by the said Committee or the Competent Authority.

(b) On any person having been disqualified for being a member and consequently, his seat as such member having become vacant under clause (a), the Collector shall, by notification in the Official Gazette, disqualify such person for being elected or being a member for a period of six years from the date of such order.".

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