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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE MUKULIKA SHRIKANT JAWALKAR
Sau. Anjali W/o Satish Shinde – Appellant
Versus
The Zilla Parishad, Nagpur – Respondent
JUDGMENT :-
(1) The instant Petition is preferred by the Petitioner being aggrieved by the order dated 15/04/2024 passed by the Divisional Commissioner, Nagpur Division, Nagpur, whereby the Proceedings initiated by the Petitioner came to be rejected.
(2) The facts giving rise for filing of the present Writ Petition are as under:-
(3) The Petitioner had contested bye-elections held on 05/10/2021 from Sawargaon Constituency, Tahsil Narkhed, District Nagpur. Initially, the Petitioner had raised an objection to the nomination form of the Respondent No. 2 as the Respondent No. 2 is a Registered Contractor for Gram Panchayat and Zilla Parishad. However, the learned Election OfÏcer overruled the objection raised by the Petitioner. The Respondent No. 2 contested the election under the banner of Bhartiya Janata Party and came to be elected. Thereafter, the Petitioner approached before the Divisional Commissioner, Nagpur Division, Nagpur seeking deemed disqualification of the Respondent No.2.
(4) As per the contention of the Petitioner, the Divisional Commissioner, without hearing the Petitioner, forwarded the same to the ofÏce of the Respondent No. 1 – Zilla Parishad for obtaining a report. Eve
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.
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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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Disqualification of elected officials under the Maharashtra Village Panchayat Act can be upheld based on misconduct linked to their associates, even if direct involvement is not established.
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