Subordinate legislation cannot negate the legislative intention as provided in the principal legislation.
The subordinate legislation cannot be stretched to
such an extent which will negate the legislative intention as provided in
the principal legislation. In my considered view, the principal legislation
specifically provides that once the motion is carried out by the requisite
majority, the Sarpanch or the Upsarpanch ceases to hold office after
seven days, however, subject to he resigning before that period or
disputing the same in accordance with the statutory provisions.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 48 OF 2013
Pravin Shripati Yadav
Vs.
1. Grampanchayat, Minche,
CORAM : B. R. GAVAI, J.
DATE : JANUARY 10, 2013.
Citation;2013(2) MH L J 934
