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2006 Supreme(SC) 668

S.B.SINHA, DALVEER BHANDARI
Vijay – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

S.B. Sinha, J. — Leave granted.

2. The appellant herein was elected as a member of Grampanchayat Shipora Bazar in the year 2000. He was also elected as Sarpanch of the said village. He was thereafter elected as Councillor of Zilla Parishad.

3. The State of Maharashtra enacted Bombay Village Panchayats Act, 1958 (the Act, for short). In view of amendment of Section 14(1)(J-2) of the said Act, he was held to have disqualified himself to hold the said post by the Additional Collector, Jalna. An appeal preferred thereagainst by the appellant herein was dismissed by the Additional Divisional Commissioner by an order dated 2.8.2004. A writ petition preferred by the appellant, questioning the legality of said orders was dismissed by the High Court by reason of the impugned judgment and order. The appellant is, thus, before us.

4. The short question raised by Mr. Sanjay V. Kharde, learned counsel appearing for the appellant is that Section 14(1)(J-2) of the Act is prospective in nature and thus, the concerned respondents as also the High Court acted illegally and without jurisdiction in arriving at a finding that the appellant stood disqualified by reason thereof.

5. Section 14(

















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