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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, ARIF S.DOCTOR
Ramesh Vasantrao Patil – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to election disqualification (Para 1 , 2 , 3) |
| 2. effect of stay orders on disqualification (Para 4 , 22 , 28) |
| 3. legal consequences of removal from office (Para 5 , 6 , 19 , 20 , 26) |
| 4. interpretation of disqualification provisions (Para 7 , 8 , 10 , 11 , 34) |
| 5. court's analysis of statutory rights and disqualifications (Para 12 , 13 , 14 , 15 , 16 , 18 , 24 , 36) |
| 6. court's finding on statutory applicability. (Para 17) |
JUDGMENT :
G. S. Kulkarni, J.
1. This petition under Article 226 of the Constitution of India challenges an order dated 21 February 2024 passed by the Additional Divisional Commissioner (respondent no.2) being the appellate authority, upholding the disqualification of the petitioner as a member of the Gram Panchayat, Tandulwadi, Taluka – Walwa, District – Sangli under the provisions of Section 14(1)(d) of the MAHARASHTRA VILLAGE PANCHAYATS ACT , 1959 (for short, “Panchayats Act”).
2. The facts lie in a narrow compass:- It is the petitioner’s case that prior to elections in question, general elections of the Village Panchayat were held on 16 October 2017 for a five year term till 15 October 2022. The petitioner in such election was elected as a me
Disqualification under Section 14(1)(d) of the Panchayats Act applies automatically post-removal under Section 39, upheld by the court highlighting the legal effects of interim orders.
Non-disclosure of pending criminal charges in nomination forms is grounds for disqualification, reinforcing the integrity of electoral processes under the H.P. Panchayati Raj Act.
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....
Elected members must abstain from decision-making in matters involving relatives to uphold ethical standards, and appellate courts can grant stays with restrictions to maintain Panchayat functionalit....
Disqualification under Section 14(1)(g) of the Maharashtra Village Panchayat Act is upheld due to the established receipt of funds, reflecting a conflict of interest that threatens the integrity of l....
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 ....
The District Commissioner lacks jurisdiction to remove a Panchayat member based solely on disqualification claims; such matters must be handled through an election petition post-election results, adh....
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
Point of law: Section 30 of the Gujarat Panchayats Act in light of the present undisputed facts which are stated herein above is giving an impression that the some undue favour appears to have been g....
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