SUDHIR VILAS KALEL & ORS. versus BAPU RAJARAM KALEL & ORS.

Citation: [2024] 2 S.C.R. 165 · Decided: 07-02-2024 · Supreme Court of India · Bench: VIKRAM NATH, K.V. VISWANATHAN · Disposal: Dismissed

Judgment (excerpt)

* Author
[2024] 2 S.C.R. 165 : 2024 INSC 90
Sudhir Vilas Kalel & Ors. 
v. 
Bapu Rajaram Kalel & Ors. 
(Civil Appeal Nos. 1776 of 2024)
07 February 2024
[Vikram Nath and K.V. Viswanathan,* JJ.]
Issue for Consideration
Whether Appellant No.1 was entitled to the protection of ss.3 and 
4, Maharashtra Temporary Extension of Period for Submitting 
Validity Certificate (for certain elections to Village Panchayats, 
Zilla Parishads and Panchayat Samitis) Act, 2023; whether the 
proceedings of 19.06.2023 holding the No Confidence Motion 
against Appellant No.2 as not carried for want of the requisite 
votes is tenable.
Headnotes
Maharashtra Temporary Extension of Period for Submitting 
Validity Certificate (for certain elections to Village Panchayats, 
Zilla Parishads and Panchayat Samitis) Act, 2023 – ss.3, 4 – 
Maharashtra Village Panchayats Act, 1959 – ss.35, 10(1A), 
30(1A) – Maharashtra Scheduled Castes, Scheduled Tribes, 
Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other 
Backward Classes and Special Backward Category (Regulation 
of Issuance and Verification of) Caste Certificate Act, 2000 – 
ss.3, 4 of the 2023 Act – Protection under – When not available 
– No Confidence Motion against Appellant No.2-Sarpanch 
of the Gram Panchayat – Validity – Appellant No.1 if was a 
member of the Panchayat entitled to vote and covered by the 
protective umbrella u/ss.3 and 4:
Held: Temporary Extension Act was enacted since the Scrutiny 
Committees were overburdened with the work of verification of 
Caste Certificates and the elected members were facing difficulties 
in obtaining the Validity Certificates within the prescribed time – 
It aimed to protect the applicants whose applications were still 
pending before the Scrutiny Committee – The idea was that such 
elected candidates ought not to be deprived merely because of 
166
[2024] 2 S.C.R.
Digital Supreme Court Reports
non-issuance of Validity Certificates when the applications are 
still pending – Appellant No.1 stood automatically disqualified as 
a Member since he failed to produce the Validity Certificate within 
12 months from the date of his election – The protective umbrella 
of s.3 of the Temporary Extension Act, 2023 will not be available 
to Appellant No.1 since he is hit by s.3(2)(b), as there was no 
valid application pending on the date of the commencement of 
the said Act – Appellant No.1 ceased to be a member because of 
the automatic disqualification – The contention that there was no 
rejection and that it was only a “filing” or “lodgment” of the application 
by the Scrutiny Committee, not accepted – The rejection in s.3(2)(b) 
will also include those cases where applications came to be rejected 
on account of defaults committed at the end of the applicants 
themselves – Proceedings of the Tahsildar dtd.19.06.2023 rejecting 
the No Confidence Motion on the ground that the voting requirement 
of three-fourth of the members “entitled to sit and vote”, was not 
fulfilled, cannot be sustained and was rightly set aside by the High 
Court – High Court also rightly set aside the rejection of the No 
Confidence Motion holding that the No Confidence Motion against 
Appellant No. 2-Sarpanch, was duly carried – Order of the High 
Court affirmed. [Paras 31, 39, 40, 42-44]
Maharashtra Temporary Extension of Period for Submitting 
Validity Certificate (for certain elections to Village Panchayats, 
Zilla Parishads and Panchayat Samitis) Act, 2023 – s.3(1)(b), 
(2)(b):
Held: s.3 covers the cases of persons who had applied to the 
Scrutiny Committee for verification of their Caste Certificate before 
the date of filing of the nomination papers and who were elected 
on the reserved seat; and whose applications were pending before 
the Scrutiny Committee on the date of commencement of the Act– 
It is mandated that they can produce the certificate within twelve 
months from the date of commencement of the Temporary Extension 
Act, 2023 i.e. till 09.07.2024 – Under s.3(1), the further period of 
twelve months from 10.07.2023 was for those whose applications 
were validly filed and pending and where their applications have 
been submitted before the date of nomination – Sub-section (2)
(b) clearly states that the provisions of sub-section (1) shall not 
apply where the member whose application of Validity Certificate 
had been rejected by the Scrutiny Committee. [Paras 31, 38]
[2024] 2 S.C.R. 
167
Sudhir Vilas Kalel & Ors. v. Bapu Rajaram Kalel & Ors. 
Case Law Cited
Shanka

Excerpt shown. Read the full judgment & AI analysis in Lexace.