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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
PRAFULLA S. KHUBALKAR
Priti Manoj Bundile – Appellant
Versus
Hon’ble Minister, Rural Development – Respondent
| Table of Content |
|---|
| 1. petitioner disqualified based on accusations against her husband. (Para 2 , 3 , 4) |
| 2. disqualification requires material showing offence, but implications matter. (Para 5 , 6 , 7) |
| 3. commissioner's subjective assessment leads to disqualification on disgraceful conduct. (Para 8 , 9 , 10) |
| 4. disgraceful conduct does not necessitate a criminal conviction. (Para 11 , 12) |
| 5. court finds no merit in petitioner's arguments; disqualification upheld. (Para 14 , 15 , 16) |
| 6. writ petition dismissed; no irrational action by the commissioner. (Para 17 , 18 , 19) |
JUDGMENT :
Prafulla S. Khubalkar, J.
RULE.
Rule is made returnable forthwith and heard finally with consent of the counsel for the parties.
2. Invoking powers under Article 227 of the Constitution of India , the petitioner has assailed the orders passed by the Additional Commissioner under Section 39(1) of the Maharashtra Village Panchayats Act, 1959 (for short, ‘the Act of 1959’) which is upheld by the Hon’ble Minister thereby disqualifying the petitioner as Member and Sarpanch of the Gram Panchayat.
3. The crucial issue involved in the instant petition is as to whether the petitioner who has been arrayed as an accused in an of
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
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.
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.
Passing illegal resolution to divest Sarpanch of signing authority despite statutory bar and caution, and deferring welfare funds thereby, constitutes willful misconduct warranting removal of Up-Sarp....
The judgment establishes that actions constituting misconduct under the Maharashtra Village Panchayats Act, 1959 should not be condoned, even under the policy of woman empowerment, and removal for pr....
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....
The Deputy Commissioner had the authority to order the removal of the petitioner under Section 51(3)(b) of the Haryana Panchayati Raj Act, 1994, as the petitioner did not possess the minimum qualific....
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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