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S. J. KATHAWALLA, MILIND N. JADHAV
Tanaji Jagannath Palave – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S.J. Kathawalla, Milind N. Jadhav, JJ.
By the present petition, the Petitioner has, inter alia, prayed for the following reliefs :
C. That after going through the same, by appropriate Writ, Order as well as directions of this Hon'ble Court the impugned order dated 18/02/2021 passed by the Respondent No. 2 the Collector, Solapur which was received by the Petitioner on 23/02/2021 thereby rejecting Dispute Application filed by the Petitioner be quashed and set aside;
D. That by appropriate orders as well as directions of this Hon'ble Court the Dispute Application filed by the Petitioner before the Respondent No. 2 Collector, Solapur pursuant to the provisions of the Section 14(b) of the Maharashtra Village Panchayats Act be kindly allowed and the Respondent No. 5 be disqualified from the Post of Member of the Village Panchayat, Mandave, Taluka Malshiras, District, Solapur forthwith.”
2. The Petitioner is the elected Member of Panchaya
Fraud and misrepresentation invalidate legal actions and judgments, and the court has the authority to set aside orders obtained by fraud.
The main legal point established in the judgment is the timely submission of election expenses and the jurisdiction of the Divisional Commissioner in setting aside the District Collector's disqualifi....
Section 14 (1)(g) of the Maharashtra Village Panchayats Act, 1958 aims to disqualify a Sarpanch who misuses their position by misappropriating public money through contracts awarded to relatives.
No appeal can be filed before Divisional Commissioner against an order passed by Collector under Section 14B(1) of Maharashtra Village Panchayats Act, 1959, declining to disqualify a Sarpanch/Member ....
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
Point of Law : Section 11B of the Act provides for election of Pradhan. Section 11D of the Act makes certain further prohibitions in respect of the persons who are seeking election as a Pradhan.
Elected members cannot be suspended automatically without sufficient cause; the authority has discretion based on disclosed information.
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