When there is a disability that makes it impossible to obey the law, the alleged disobedience of law is excused.

In the matter of Smt. Kalmati Ramkrupal Yadav v. Chandrapur City Municipal Corp. [ W.P. 1904 of 2020] decided by Bombay Nagpur Bench at Nagpur on 24th June 2021.

¬FACTS-
The Petitioner (Smt. Kalmati Ramkrupal Yadav) was elected as a member of the Municipal Corporation of Chandrapur from a seat which is reserved for the Other Backward Class (women category). The Petitioner was declared elected by the Election Officer of the Municipal Corporation on 23.06.2019 and the certificate that the petitioner stood elected under the said category of reservation was issued on 24.06.2019.
According to Section 5B of the Maharashtra Municipal Corporation Act, 1949, any person who is contesting an election for a reserved seat is mandatorily required to submit Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Caste Scrutiny Committee along with the nomination Papers. The Proviso of Section 5B clearly mentions that any person who has applied to the Caste Scrutiny Committee for verification of caste certificate can also file nomination and contest the election provided that the Caste Validity Certificate is produced within a period of 12 months from the date of election of such person. If the certificate is not produced within 12 months, the election of such person shall be deemed to have been terminated and shall be disqualified from being a member.
The said period of 12 months was over for the Petitioner on 23.06.2020 but the certificate was not produced due to the country wide lock-down imposed on 22.03.2020 following the COVID-19 pandemic. The certificate was issued by the Caste Scrutiny Committee on 08.07.2020.
The Respondent through its Commissioner passed an order dated 23.06.2020, holding the election of the Petitioner terminated with retrospective effect and she stood disqualified from being a member in the Respondent Corporation.
Therefore, the Petitioner filed the present Writ Petition challenging the said order, primarily on the basis that she took all the necessary steps possible on her part before the Caste Scrutiny Committee but due to country wide lockdown the Committee could not hold sittings and the application of the Petitioner could not be decided.

ISSUE-
Whether in the circumstances created by the COVID Crisis and imposition of country wide lockdown, the Petitioner could claim that her election could not held to be terminated retrospectively under Section 5B of the Maharashtra Municipal Corporation Act, 1949.

HELD-
The Bench referred to the proceedings before the Caste Scrutiny Committee in detail, the chronological events of the proceedings indicates that the time consumed was attributable to the procedure adopted by the Caste Scrutiny Committee and the Petitioner had not deliberately delayed such proceedings. Imposition of lock-down due to COVID-19 crisis certainly delayed the proceedings before the Caste Scrutiny Committee.
The High court further referred to a Supreme Court judgment Arjun Panditrao Khotkar v Kailash Kushanrao [ (2020) 7 SCC 1] which talks about the principle of impotetia excusat legem i.e. when there is a disability that makes it impossible to obey the law, the alleged disobedience of law is excused. The Supreme Court further held that mandatory requirement of law is to be excused when it is demonstrated that despite all efforts made by the party required to satisfy the mandatory requirement, due to no fault of such person, the requirement could not be satisfied.
In the present case, the Committee could not hold any meetings and even the parties before the Committee were not permitted to physically enter the office of the Committee due to COVID-19 crisis. It can be said that the performance of the act by the Petitioner which is mandatorily required under the provisions of the aforesaid Act, could not be completed due to factors beyond the control of the petitioner.
While addressing the issue, the High court referred to an order dated 23.03.2020 passed by the Hon’ble Supreme Court in a suo motu Writ Petition where it was directed that period of limitation prescribed under general law or Special Laws (both Central or state) whether condonable or not, stood extended w.e.f. 15.03.2020 until further orders, in view of the challenge faced by the country on account of the COVID 19 virus.
The High Court observed that Section 5B of the Maharashtra Municipal Corporation Act, 1949 provides a specific limitation of time period for submitting Caste Validity Certificate. The order clearly states that the period of limitation prescribed by Special Laws, both Central of State Laws stood extended w.e.f. 15.02.2020 till further orders by the Hon’ble Supreme Court.
In the view of the above, the Writ Petition was allowed. The order of the Respondent dated 23.06.2020 was set aside. Therefore, the Petitioner was held entitled to protection of the order issued by the Hon’ble Supreme Court in Suo Motu Writ Petition dated 23.03.2020, in the backdrop of the COVID-19 crisis.