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ARUN R. PEDNEKER
Manohar – Appellant
Versus
Collector, Jalna – Respondent
JUDGMENT
Arun R. Pedneker, J. - Rule. Rule made returnable forthwith and heard finally.
2. The petitioner is challenging the order dated 08.09.2022 passed by the respondent no.1 - Collector, Jalna under section 7 read with 16 of the Maharashtra Village Panchayats Act, 1958 [for short 'the 1958 Act'], and thereby disqualifying the petitioner as a member and Sarpanch of village Panchayat, Gundewadi, Taluka & District, Jalna, for not conducting at least four meetings of the Gram Sabha in the financial year.
Brief facts leading to filing of the petition can be summarised as under :
3. The petitioner is a Sarpanch of Grampanchayat, Gundewadi. The respondent no.3 filed an application to the Collector, respondent no.1, seeking disqualification of the petitioner under Section 7 read with 16 of the 1958 Act, on 22.10.2021. It was contended in the said application that the applicant has not attended any meeting of the Gram Sabha and as such the petitioner should be disqualified from holding the post of the Sarpanch and also from his membership of the village panchayat for not holding four meetings of Gram Sabha in the financial year. Pursuant to the said application, the respondent no.1 - Collec
The circumstances leading to the non-convening of the meeting constituted a 'sufficient cause' within the meaning of Section 36, thereby saving the petitioner from disqualification.
The main legal point established in the judgment is that the disqualification of the petitioner under Section 35(1)(k) of the Kerala Panchayat Raj Act, 1994 was illegal, and the petitioner was entitl....
The court held that the period of involuntary absence due to judicial custody should be excluded from the computation of the three-month period under Section 35(1)(k) of the Kerala Panchayat Raj Act,....
The judgment emphasizes the need for strict construction of disqualification provisions and highlights the serious repercussions of removing an elected member without adhering to statutory provisions....
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.
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....
Point of law : intention of the Legislature that the effect of expression "the elected member of the Grama Panchayat cease to be member" as used in Section 8(3) is to state that for the purpose of ex....
The interpretation of disqualification provisions under the Maharashtra Village Panchayats Act, 1959, and subsequent amendments, particularly in the context of validity certificate submission and the....
Disqualification of Councillors requires formal decision by the Collector to invalidate their participation in a no-confidence meeting.
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