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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M. S. Jawalkar
Meenatai w/o Dadarao Uike – Appellant
Versus
Collector, Akola, Dist. Akola – Respondent
JUDGMENT :
1. Heard learned Counsel for petitioner and learned Counsel for respondents.
2. Being aggrieved by the impugned order dated 03.10.2024 passed by the learned Respondent No. 1 i.e. Collector, Akola, Dist. Akola thereby the petitioner was disqualified from the post of Sarpanch of village-Mundgaon, Taluka-Akot, Dist. Akola and further it has been specifically directed that, the petitioner shall be disqualified for remaining tenure of Grampanchayat for the said post as per section 7(1) of The Maharashtra Grampanchayat Act, 1959 (hereinafter referred as MG Act, 1959) upon the alleged complaint made by the respondent No. 3.
3. Petitioner is the Member of Scheduled Tribe and is residing at village Mundgaon along with her family members. The Post for Sarpanch of village - Mundgaon was reserved for S.T. category and the general election of Grampanchayat was held in the year 2022-2023 and the candidate for the post of Sarpanch was to be directly elected from the village Mundgaon. The petitioner being eligible candidate had contested the election for the post of Sarpanch and accordingly she was directly elected from the public for the post of Sarpanch on 20.12.2022. The petitioner resu
Disqualification of a Sarpanch requires clear evidence of procedural violations; oral communications are insufficient for disqualification, especially regarding women in public office.
The main legal point established is the requirement for strict adherence to the principles of natural justice in conducting enquiries and the automatic disqualification for not holding necessary meet....
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.
Removal of woman Sarpanch of Gram Panchayat – Matter of removal of an elected public representative should not be treated so lightly, especially when it concerns women belonging to rural areas.
The main legal point established in the judgment is that the vacant post of Sarpanch, as per the amended second proviso to Section 43 of the Maharashtra Village Panchayats Act, must be filled by elec....
The main legal point established is the necessity for the Collector to decide disputes regarding the validity of a no confidence motion as per the provisions of the Maharashtra Village Panchayats Act....
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