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LISA GILL, RITU TAGORE
Manpreet Kaur – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. adjudication of identical issues (Para 1 , 2) |
| 2. claims of disqualification based on unauthorized land possession (Para 3 , 4 , 5) |
| 3. summary of multiple writ petitions and their outcomes (Para 6) |
| 4. court's consideration of disqualification enquiry under section 175 (Para 7 , 8) |
| 5. need for a proper enquiry into eligibility (Para 9) |
| 6. direction for expeditious decision on disqualification applications (Para 10 , 11) |
| 7. disposal of writ petitions with no opinion on merits (Para 12 , 13) |
JUDGMENT
Lisa Gill, J.
All the above-mentioned writ petitions are taken up together for adjudication and decision as they involve an identical issue.
2. Notice of motion was first issued in CWP No.25384 of 2022, thereafter other writ petitions were directed to be heard alongwith CWP No.25384 of 2022. In all the writ petitions prayer is for cancelling the candidature of private respondents therein, who were contesting election for the post of Sarpanch/Panch, on the ground that said candidates are disqualified to contest/hold the post of Sarpanch/Panch in terms of provisions of Section 175 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the 'Act').
3. It is pleaded in
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....
The legal principle indicates that disqualification for illegal occupation of land applies solely to the individual committing the act, not to family members.
The main legal point established in the judgment is the legislative object of preventing encroachment on government land or public property, as enshrined in the Maharashtra Village Panchayats Act, 19....
The judgment established the legal principle that unauthorized occupation of land belonging to the Grampanchyat constitutes encroachment, leading to disqualification under the Maharashtra Village Pan....
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