महाराष्ट्रा श्रा रा
अ ाधारण्भाग्आठ
५र्ष्खख३्अं ्ख६(,)] बुध५ार३्एप्र्ल ३्, ,०२५/राश्ख ३्र श्ख १९ रृषठे्४३्प ंमत्:्रुरये्,९. ]
अ ाधारण्क्रमां ्१ल
्ापध ृत् ारश महाराष्ट्र विधानमंडळाचे अविधाविनयम राज्यपालांांनी प्रख्याविपात केलांेलांे अध्यादेश केलांेलांे विविनयम आवि विविधा न्याय विभागाकेडून आलांेलांी विधाेयके (इंग्रजी अनुादे).
In pursuance of clause )3( of article 348 of the Constitution of India, the following translation in English of the Maharashtra Temporary Extension of Period for Submitting Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Ordinance, 2025 )Mah. Ord. III of 2025(, is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE, Secretary )Legislation( to Government, Law and Judiciary Department. [ Translation in English of the Maharashtra Temporary Extension of Period for Submitting Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Ordinance, 2025 )Mah. Ord. III of 2025(, published under the authority of the Governor].
RURAL DEVELOPMENT DEPARTMENT
Bandhakam Bhavan, 25, Marzban Path, Fort, Mumbai 400 001. dated the 30th April 2025.
MAHARASHTRA ORDINANCE No. III OF 2025.
AN ORDINANCE
to provide for extension of a period for submitting validity certificate by
persons elected on reserved seats of member, Sarpanch, Councillor, President
and member and Chairman in certain general or bye- elections to Village
Panchayats, Zilla Parishads and Panchayat Samitis and for the matters
connected therewith or incidental thereto.
WHEREAS it is expedient to provide for extension of a period for submitting validity certificate by persons elected on reserved seats of member, Sarpanch, Councillor, President and member and Chairman in certain general or bye-elections to Village Panchayats, Zilla Parishads and Panchayat Samitis and for the matters connected therewith or incidental thereto;
) १(
भाग आठ-४३-१२ महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, एप्र्ल ३्, ,०२५/राश्ख ३्र श्ख १९ AND WHEREAS both Houses of the State Legislature are not in session;
AND WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action to make a law for the purposes hereinafter appearing.
NOW, THEREFORE, in exercise of the powers conferred by clause )1( of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely :—
1. )1( This Ordinance may be called the Maharashtra Temporary Extension of Period for Submitting Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Ordinance, 2025.
Short title and commence- ment.
)2( It shall come into force at once.
Definition.
III of 1959.
Mah. V of 1962.
2. The words and expressions used in this Ordinance shall have the same meanings as respectively assigned to them in the Maharashtra Village Panchayats Act and the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
Mah. XXXV of 2023.
Extension of period for submitting Validity Certificate.
III of 1959. Mah. V of 1962.
3. )1( Notwithstanding anything contained in section 3 of the Maharashtra Temporary Extension of Period for Submitting Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Act, 2023 and in sections 10-1A and 30-1A of the Maharashtra Village Panchayats Act and sections 12A, 42 and 67 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, a person who has contested the general or bye-elections to the Village Panchayats, Zilla Parishads and Panchayat Samitis which were held on or after 1st August 2022 till the date of commencement of this Ordinance and,—
)a( who has applied to the Scrutiny Committee for verification of his Caste Certificate before the date of filing of the nomination papers and who is elected on the reserved seat of a member or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti, but whose application is pending before the Scrutiny Committee on the date of commencement of this Ordinance, shall submit his Validity Certificate within a period of twelve months from the date of commencement of this Ordinance; and
)b( whose election has been terminated or deemed to have been terminated or a person who is disqualified for being a member or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti, for not submitting the Validity Certificate within the period specified in sections mentioned above, shall be deemed to be and shall continue to be a member or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti, as the case may be, and shall not be disqualified till the period of twelve months from the date of commencement of this Ordinance for not submitting the Validity Certificate :
Provided that, if such person fails to produce the Validity Certificate within a period of twelve months from the date of commencement of this Ordinance, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a member or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti.
महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, एप्र्ल ३्, ,०२५/राश्ख ३्र श्ख १९ ३)2( The provisions of sub-section )1( shall not be applicable,—
)a( where bye-elections have been held on the seats specified in sub- section )1( before the date of commencement of this Ordinance; or
)b( where a member whose application of Validity Certificate has been rejected by the Scrutiny Committee.
Abatement of legal proceedings.
4. All legal proceedings pending immediately before the commencement of this Ordinance, before any court or authority relating to disqualification of a member or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti, for not submitting the Validity Certificate by them in cases where extension of period for submission of Validity Certificate is granted under this Ordinance, shall abate.
Power to remove difficulty.
5. )1( If any difficulty arises in giving effect to the provisions of this Ordinance the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Ordinance, which appears to it to be necessary or expedient for removing the difficulty.
)2( Every order made under this section shall be laid, as soon as may be,
after it is made, before each House of the State Legislature.
४ महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, एप्र्ल ३्, ,०२५/राश्ख ३्र श्ख १९STATEMENT
Sections 10-1A and 30-1A of the Maharashtra Village Panchayats Act )III of 1959( and sections 12A, 42 and 67 of the Maharashtra Zilla Parishads and Panchayats Samitis Act, 1961 )Mah. V of 1962( provides that, every person desirous of contesting elections to a seat of a member or Sarpanch of the Village Panchayat, Councillor or President of the Zilla Parishad or member or Chairman of Panchayat Samiti reserved for persons belonging to Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Classes of Citizens, shall submit alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee.
2. The abovementioned sections of the said Acts are amended with view to allow the persons, desirous of contesting for such reserved seats in certain general or bye-elections and have applied to the Scrutiny Committee for obtaining Validity Certificate, to submit the Validity Certificate within twelve months from the date on which they were declared elected.
3. As the Scrutiny Committees were overburdened with the work of verification of Caste Certificates, the elected members were facing difficulties in obtaining the Validity Certificates from the Scrutiny Committees within the period specified in the said Acts. Therefore, the said period to submit the Validity Certificate was extended for twelve months by the Maharashtra Temporary Extension of Period for Submitting Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Act, 2023 )Mah. XXXV of 2023(. However, some of the candidates who are elected on the reserved posts have not received the Validity Certificates during the extended period.
The applications of such elected candidates are still pending before the Scrutiny Committees. Due to pending applications of such candidates before Scrutiny Committees more than eleven thousand duly elected candidates are disqualified or may be disqualified for not submitting Validity Certificates for no fault of their own. Also it causes hindrance in the local self-governing process. It is, therefore, necessary to ensure that such elected candidates shall not be deprived to hold such offices merely because of non-issuance of validity certificates in time by the Scrutiny Committees when their applications are still pending with the Scrutiny Committees.
4. It is, therefore, considered expedient to make a law to provide for further extension of period of twelve months for submission of Validity Certificates by persons elected on reserved seats of member, Sarpanch, Councillor, President and member and Chairman in certain general or bye-elections to Village Panchayats, Zilla Pariashads and Panchayat Samitis and for the matters connected therewith or incidental thereto.
5. As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action to make a law, for the purposes aforesaid, this Ordinance is promulgated.
Mumbai, C. P. RADHAKRISHNAN, Dated the 25th April 2025. Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
EKNATH DAWALE, Principal Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.