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B. P. DESHPANDE
Anjali – Appellant
Versus
Zilla Parishad – Respondent
JUDGMENT/ORDER
BHARAT P. DESHPANDE, J. - Rule. Rule is made returnable forthwith. Heard the parties for final disposal with consent.
2. The challenge in the present petition is the order passed by the Divisional Commissioner, thereby rejecting the application filed by the petitioner under Sec. 16(1)(i) of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961.
3. Mr. Ghate, learned counsel for the petitioner would submit that the petitioner filed an application under Sec. 40 of the said Act, thereby seeking disqualification of the respondent No.3 on the ground that the said respondent No.3 is having direct / indirect interest in the works carried out by the said Panchayat.
4. Mr. Ghate, learned counsel for the petitioner would submit that the provisions of Sec. 40 of the said Act empowers the Divisional Commissioner to decide such application and to pass necessary orders either disqualifying the said Member of the Panchayat or to reject the application. He submits that the said Divisional Commissioner has no authority to direct any subordinate Officer to conduct the fact finding enquiry and that too in absence of the petitioner. He submits that in the present matter, the Div
The Divisional Commissioner cannot delegate the authority to conduct inquiries regarding disqualification under the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961, as such powers are not ....
The Chief Executive Officer must personally conduct the enquiry under Sec. 39 of the Maharashtra Village Panchayats Act, 1959, and challenges to the enquiry report should be made in the context of on....
Disqualification under Section 16(1)(i) requires a clear interest or share in work done by the Zilla Parishad, and the authority must hear objections before making a decision.
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....
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 ....
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
The Divisional Commissioner has the power to decide the dispute as to who is and can be regarded as a group leader, and should decide it simultaneously with the disqualification proceedings.
Elected representatives should not be disqualified on flimsy grounds – However, activities which tend to defeat objective of transparency should not be permitted to prevail.
When the legislature in its wisdom has in a plain language vested a power under Sub Section 2 either to remove the disqualification or to reduce its quantum, as is imposed under Sub Section 1, it can....
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