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NITIN W. SAMBRE, ABHAY J. MANTRI
Manoj S/o Vitthalrao Wanjari – Appellant
Versus
Maharashtra State Election Commission – Respondent
JUDGMENT :
(PER : NITIN W. SAMBRE, J.)
RULE. Rule is made returnable forthwith and heard finally with consent of the parties.
2. The petitioners are claiming to be the voters of Panchayat Samiti, Paradsinga Block, Katol based on which they are claiming to have a statutory right to vote in the elections of Panchayat Samiti, Katol in 11-Paradsinga constituency.
3. The petitioners through these petitions are questioning the election programme dated July 19, 2024 issued by the respondent-Maharashtra State Election Commission (for short, ‘the respondent-Commission’) whereby the bye-election for the vacant post of Paradsinga Constituency of Panchayat Samiti, Katol is declared. The said impugned communication contemplates that the nomination forms are to be filed from July 23, 2024 to July 29, 2024.
4. Since the petitioners have questioned the said election programme based on the provisions of Section 63 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short, ‘the Act of 1961’), this Court by a reasoned order dated July 23, 2024 caused notices to the respondents and made the said election subject to outcome of the writ petitions.
5. The factual matrix which is relevant fo
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The election of the Chairman of Panchayat Samiti was declared null and void due to procedural irregularities regarding the reservation for women, affirming the necessity of compliance with election r....
Article 243E mandates elections to Panchayati Raj Institutions before five-year term expiry; Disaster Management Act orders cannot override this constitutional duty absent proven exceptional circumst....
The mandatory nature of Section 10(1-A) of the Maharashtra Village Panchayats Act, 1959, and the retrospective termination of the election as per the statute, emphasizing the statutory limitations on....
Immunity against No Confidence Motion is calculated from the date of election of the first Sarpanch, not subsequent elections, ensuring stability in the democratic process.
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