**Executive Summary**
This document is the English translation of the Maharashtra Ordinance No. III of 2025, published on April 30, 2025. The ordinance provides a temporary extension of time for elected officials in Village Panchayats, Zilla Parishads, and Panchayat Samitis to submit validity certificates for reserved seats. The deadline for submission is twelve months from the commencement of this Ordinance.
**Key Points / Main Content**
* **Ordinance Title and Commencement:** The ordinance is titled "The Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Ordinance, 2025," and it comes into force immediately.
* **Definitions:** Terms used have the same meanings as in the Maharashtra Village Panchayats Act of 1959 and the Maharashtra Zilla Parishads and Panchayat Samitis Act of 1961.
* **Extension of Period for Submitting Validity Certificate:**
* Applies to individuals who contested elections held on or after August 1, 2022.
* Those who applied to the Scrutiny Committee before filing nomination papers, and whose applications are pending, must submit their validity certificates within twelve months of the commencement of this Ordinance.
* Individuals whose elections were terminated due to not submitting the certificate within the original period shall continue to be members, subject to the 12-month extension.
* Failure to submit the Validity Certificate within twelve months from the commencement of this Ordinance will result in retrospective termination of election.
* These provisions do not apply if bye-elections have been held or if a member's Validity Certificate application has been rejected.
* **Abatement of Legal Proceedings:** Any legal proceedings related to disqualification due to the non-submission of Validity Certificates will be dropped if the extension is granted under the Ordinance.
* **Power to Remove Difficulty:** The State Government can publish orders in the Official Gazette to address difficulties in implementing the Ordinance.
* **Statement**:
* The initial amendment to the original Act was to allow candidates contesting for reserved seats to submit the validity certificate within 12 months.
* Scrutiny Committees were overwhelmed, leading to difficulties in obtaining Validity Certificates in time.
* A temporary extension was granted, but some candidates still did not receive certificates during that time.
* This current ordinance provides a further extension of twelve months to allow those elected on reserved seats to submit their validity certificates.
**Impact Analysis**
**Stakeholder: Elected Officials of Village Panchayats, Zilla Parishads, and Panchayat Samitis (Members, Sarpanch, Councillors, Presidents, and Chairpersons)**
* **Impact:**
* Those who contested elections on or after August 1, 2022, and have pending Validity Certificate applications, are given an extended period of twelve months to submit their certificates.
* Those facing disqualification due to non-submission within the original period are given temporary relief and allowed to continue in their positions pending submission within the extended timeframe.
* **Action Required:**
* If the application is pending with the scrutiny committee, then they must submit the Validity Certificate within twelve months from the commencement of this Ordinance.
* Ensure timely submission to avoid disqualification.
**Stakeholder: Scrutiny Committees**
* **Impact:**
* Scrutiny Committees are tasked with processing existing pending validity certificate applications.
* **Action Required:**
* Continue processing pending caste certificate verification for elected members.
**Stakeholder: State Government**
* **Impact:**
* The State Government has the power to address any difficulties arising from the Ordinance's implementation.
* **Action Required:**
* Monitor implementation of the Ordinance and issue orders as necessary to address any difficulties. Lay any orders made under section 5(1) of this Ordinance before each House of the State Legislature.
Key Entities Referenced
Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Ordinance, 2025: The ordinance extends the period for submitting validity certificates for individuals elected to Village Panchayats, Zilla Parishads, and Panchayat Samitis.
Village Panchayats: Local self-governing bodies at the village level in Maharashtra, whose elections are affected by this ordinance.
Zilla Parishads: District-level self-governing bodies in Maharashtra, whose elections are affected by this ordinance.
Panchayat Samitis: Intermediate-level self-governing bodies in Maharashtra, whose elections are affected by this ordinance.
Maharashtra Village Panchayats Act: Act referenced within the Ordinance, with extensions to deadlines for certificate submissions.
महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, एप्र्ल ३्, ,०२५/राश्ख ३्र श्ख १९ 1
RNI No. MAHENG /2009/35528
महाराष्ट्रा श्रा रा
अ ाधारण्भाग्आठ
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अ ाधारण्क्रमां ्१ल
्ापध ृत्् ारश
महाारााष्ट्र वि�धाानमंडळााचेे अविधाविनयम � रााज्यपाालांांनी प्रख्याविपात केेलांेलांे अध्यादेेश � केेलांेलांे
वि�विनयम आवि� वि�विधा � न्याय वि�भागाकेडून आलांेलांी वि�धाेयकेे (इंंग्रजीी अनु�ादे).
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-४३-१2 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 :—
Short 1. )1( This Ordinance may be called the Maharashtra Temporary Extension
title and
of Period for Submitting Validity Certificate )for certain elections to Village
commence-
Panchayats, Zilla Parishads and Panchayat Samitis( Ordinance, 2025.
ment.
)2( It shall come into force at once.
Definition. 2. The words and expressions used in this Ordinance shall have the
same meanings as respectively assigned to them in the Maharashtra Village III of 1959.
Panchayats Act and the Maharashtra Zilla Parishads and Panchayat Samitis Mah. V of
Act, 1961. 1962.
Extension 3. )1( Notwithstanding anything contained in section 3 of the Maharashtra Mah. XXXV
of period for Temporary Extension of Period for Submitting Validity Certificate )for certain of 2023.
submitting
elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Act,
Validity
2023 and in sections 10-1A and 30-1A of the Maharashtra Village Panchayats Act
Certificate. III of 1959.
and sections 12A, 42 and 67 of the Maharashtra Zilla Parishads and Panchayat Mah. V of
Samitis Act, 1961, a person who has contested the general or bye-elections to the 1962.
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 3
)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.
4. All legal proceedings pending immediately before the commencement Abatement
of this Ordinance, before any court or authority relating to disqualification of of legal
proceedings.
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.
5. )1( If any difficulty arises in giving effect to the provisions of this Power to
Ordinance the State Government may, as occasion arises, by an order published remove
difficulty.
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.4 महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, एप्र्ल ३्, ,०२५/राश्ख ३्र श्ख १९
STATEMENT
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.