Section 4   [ View Judgements ]

Amendment of section 16 of Mah. V of 1962

In section 16 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (hereinafter referred to as "the Zilla Parishads Act"), after sub-section (3), the following sub-sections shall be added, namely :-

"(4)(a) A person shall be disqualified for being a Councillor of a Zilla Parishad or for contesting an election for being elected as a Councillor, for a period of six years, if, an order is passed by the concerned authority, under section 27 or under section 40, as the case may be, holding that such person was elected as a Councillor 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 "the 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 under sub-section (5) of section 27 or sub-section (2) of section 40, as the case may be, by the concerned authority.

(5)(a) Notwithstanding anything contained in sub-section (4), a Councillor who has been elected to a reserved seat [as mentioned in sub-section (4)], shall be disqualified for being such Councillor consequent upon the Caste Certificate Verification Committee or any other Competent Authority as specified by the State Government for the purpose of scrutiny of the Caste Certificates, declaring the Caste Certificate of such Councillor 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 Councillor 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 Councillor and consequently, his seat as such Councillor having become vacant under clause (a), the Divisional Commissioner shall, by notification in the Official Gazette, disqualify such person for being elected or being a Councillor for a period of six years from the date of such order.".

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