Back
MANGESH S. PATIL, ARUN R. PEDNEKER
Rajkumar S/o Venkatrao Kalme – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Arun R. Pedneker, J.
1. Heard.
2. We are called upon to answer the reference made by the learned Single Judge on the following issues:-
II. Whether despite extinguishment of membership of gram panchayat on the date of polling for elections to APMC, erstwhile/former (past) members be deemed to be voters only for the reason, them being in voters' list prepared pursuant to Rule 36 of the Agriculture Produce Market Committee Rules, 1967 Rules, and should they be allowed to vote ?
III. Whether the persons constituting gram panchayat on the date of polling of elections to APMC would not be entitled to vote in said elections in their capacity as gram panchayat members forming village panchayat constituency for four members to be elected from that constituency to APMC in given/present situation and whether in such a case, procedural ru
The main legal point established in the judgment is the need for strict adherence to the prescribed timelines for inclusion in the final voters list and the consequences of disqualification due to lo....
The main legal point established in the judgment is that a writ petition under Article 226 of the Constitution of India is maintainable if the order is ultra vires or nullity and/or ex-facie without ....
The court emphasized that interference at an intermediate stage of the election process should be limited and that issues and controversies should be settled through a properly instituted election pe....
Members elected by virtue of their office as Managing Committee members of cooperative societies or village panchayats cease to be members of the APMC upon ceasing to hold such office, as per the pro....
The main legal point established in the judgment is the interpretation of the proviso to Section 15(1) of the APMC Act, which determines the tenure of office of members of the Market Committee, and t....
The court upheld the exclusion of petitioners from the voters list for failing to meet statutory eligibility requirements, emphasizing limited judicial intervention in ongoing election processes.
The court ruled that names cannot be included in the voters' list after the election declaration date, emphasizing the Authorized Officer's duty to act independently and in accordance with the law.
Point of Law - Petition under Article 226 of the Constitution of India is maintainable though alternative remedy is available, the powers are to be exercised in case of extraordinary or special circu....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
