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IN THE HIGH COURT OF BOMBAY
SANDEEP V. MARNE
Santosh Ramesh Waghela – Appellant
Versus
Santosh Sakharam Bhore – Respondent
JUDGMENT :
1) Petitioners have filed the present Petition challenging the Order dated 8 August 2024 passed by Additional Divisional Commissioner, Pune allowing the appeal preferred by Respondent No.1 and setting aside the order passed by Collector, Kolhapur dated 31 January 2024 in Dispute Application No. 3 of 2023. By order dated 31 January 2024, the Collector had allowed the Dispute Application No. 3 of 2023 filed by the Petitioners and had disqualified the Respondent No.1 from acting as Sarpanch of Village Korochi, Taluka, Hathkanangle, District Kolhapur under provisions of Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958 (Village Panchayats Act).
2) Brief facts leading to filing of the Petition are that election of Korochi Grampanchayat were held in December 2022. Respondent No.1 was elected as a Member of Grampanchayat from Ward reserved for backward classes. Respondent No.1 was thereafter elected as Sarpanch of Grampanchayat Korochi, Taluka Hathkanangle, District Kolhapur.
3) Petitioners filed Dispute Application No. 3 of 2023 under provisions of Section 14(1)(j-3) and Section 16 of the Village Panchayats Act before Collector, Kolhapur seeking disqualification
The main legal point established in the judgment is the necessity of a purposive interpretation of the term 'person' and the conflict of duty and interest arising from encroachment over government la....
The main legal point established in the judgment is the legislative object of preventing encroachment on government land or public property, as enshrined in the Maharashtra Village Panchayats Act, 19....
The duty of the Collector to conduct a proper inquiry and decide on disqualification within a specified time frame, following the principles of natural justice and fair play.
Encroachment by a family member can lead to disqualification of an elected member under the Maharashtra Village Panchayat Act, emphasizing a broad interpretation of encroachment to prevent conflicts ....
The central legal point established in the judgment is the interpretation and application of Section 14(1)(g) of the Panchayats Act in determining the disqualification of a member of the Village Panc....
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.
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