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Membership of elected member cannot be cancelled due to his voting

Raj Kumar Makkad ,
  05 July 2010       Share Bookmark
Court :
Bombay High Court
Brief :
Removal of Elected member of Gram Panchayat on alleged grounds of abuse of power and obstruction in work - Whether removal of an democratically elected member justified on the ground of opposing resolution of Gram Panchayat?
Citation :
Shrikant Chahakar and Ors. v. The State of Maharashtra through Minister, Rural Development and Ors. (Decided on 08.04.2010) MANU/MH/0317/2010

Held, Right to vote either for or against the resolution can be exercised by the member in respect of a resolution and it is his free will which would determine on which side he would vote. Moral exhortations cannot take the place of a legal duty.

    

 
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Published in Civil Law
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