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2008 Supreme(Bom) 203

S.UMA BORA
Atmaram Chapa Sandanshiv – Appellant
Versus
Shamshadbi Bashir Shah Fakir – Respondent


Advocates:
ADVOCATE APPEARED
P. M. SHAH, Senior Counsel holding for GlRISH RANE, for Petitioners.
S. S. KAZI. for Respondent.
Smt. R. R. MANE. AGP for State.
S. T. SHELKE. for Respondent No.3

JUDGMENT :-

Heard.

2. Rule. Rule made returnable forthwith. The matter is taken up for final hearing at admission stage with the consent of the parties.

3. This petition is filed by the petitioners herein raising exception to the order passed by the Additional Commissioner, Nasik Division. Nasik on 28-11-2005. The petitioners are the elected members of Village Panchayat Biloli. The general elections to the Gram Panchayat were held on 28-8-2005 and the petitioners are the elected candidates from ward Nos.1 and 3 respectively. It transpires that respondent No.1 raised objection with the Collector by moving an application on 15-92005 to the effect that the petitioners herein are disqualified to contest the elections as well as to continue on the post of member of Village Panchayat as they have incurred disqualification as laid down under section 14(1)(ii) of the Bombay Village Panchayats Act. 1958. The objection raised by the respondent No.1 is to the effect that the petitioners were involved in a crime and, in a prosecution lodged against them. they are sentenced to suffer imprisonment for one year and three months. It is stated that the judgment of Criminal Court has attained its

























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