JANABAI versus ADDITIONAL COMMISSIONER AND OTHERS

JANABAI versus ADDITIONAL COMMISSIONER AND OTHERS

Candidate who continues to reside in or use encroached government property, regardless of who initially encroached, incurs disqualification under Section 14(1)(j-3) of the Maharashtra Village Panchayat Act, 1958.

Parties
Appellant: Janabai; Respondents: Additional Commissioner and Others
Jurisdiction
India
Judgment Date
19 September 2018
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Disqualification of Panchayat Members, Encroachment Upon Government Land, Purposive Interpretation, Conflict of Interest
Local Government Law Disqualification of Panchayat Members Encroachment Upon Government Land Purposive Interpretation Conflict of Interest

Case Brief

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Parties

Janabai

Appellant

Additional Commissioner and Others

Respondents

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether disqualification under Section 14(1)(j-3) of Maharashtra Village Panchayat Act, 1958 is attracted when the encroachment is not by the candidate but by her husband and father-in-law and the candidate continues to use the property

Ratio Decidendi

Candidate who continues to reside in or use encroached government property, regardless of who initially encroached, incurs disqualification under Section 14(1)(j-3) of the Maharashtra Village Panchayat Act, 1958.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs