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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G.Chapalgaonkar
Pravin s/o Laxman Lokhande – Appellant
Versus
Divisional Joint Registrar Co-operative, Societies Nashik Division Nashik – Respondent
| Table of Content |
|---|
| 1. disqualification based on allegations of financial misconduct. (Para 3 , 4 , 5 , 6) |
| 2. arguments regarding the validity of disqualification. (Para 7 , 8) |
| 3. court's observations on evidence and procedural fairness. (Para 9 , 10 , 11) |
| 4. final ruling on the disqualification order. (Para 12) |
JUDGMENT :
S. G. CHAPALGAONKAR, J.
1. Rule. Rule made returnable forthwith. With consent of the parties, matter is taken up for final hearing at admission stage.
2. The petitioner impugns order dated 06.06.2025 passed by respondent no.1-Divisional Joint Registrar Co-operative Societies, Nashik Division, thereby rejecting stay application filed by petitioner against order of disqualification dated 23.05.2025 passed by respondent no.-2-District Registrar Co-operative Societies, Ahilyanagar.
3. The petitioner has been elected as Chairman of respondent no.3-Agricultural Produce Market Committee, Shrigonda (for short “APMC, Shrigonda”) in the year 2023. The proceeding under Rule 10(3) of ELECTION RULES , 2017 was initiated seeking disqualification of petitioner before respondent no.2, firstly on the ground that petitioner has withdrawn cash amount of Rs.2,66,730/- for his personal use on 10
Disqualification of elected representatives must be based on strong evidence and cannot rely on mere probabilities; procedural fairness is essential in appeals against such decisions.
The resolutions passed by the Agricultural Produce Market Committee were invalid as they violated procedural rules, confirming that authority cannot be delegated in the presence of the Chairman and V....
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.
Disqualification under the Maharashtra Cooperative Societies Act requires clear evidence of holding dual designated officer positions, failing which challenges under subsequent provisions may lead to....
The term 'employment' in the disqualification rule encompasses both regular and temporary roles, thus applying to the husband of the petitioner and justifying the nomination rejection.
If in opinion of Registrar, any officer makes persistent default or is negligent in performance of duties imposed on him by this Act or rules or byelaws or does anything which is prejudicial to inter....
The Deputy Registrar must consider justifications for delays in lodging election expense accounts before issuing disqualification orders, and the authority to disqualify ultimately lies with the Regi....
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