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Panchayat Act to be implemented with Due Care

Raj Kumar Makkad ,
  02 April 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Election - Disqualification - Section 14(1)(j)(i) of the Bombay Village Panchayat Act, 1958 (BVP Act) - Respondent No 3 elected in Panchayat Election as Sarpanch - Petitioners sought disqualification under section 14(1)(j)(i) of BVP Act of Respondent No. 3 on ground that he had three children and the third child was born after cut-off date - Additional Collector disqualified Respondent No 3 after perusing the facts brought before him - Order Challenged - Additional Divisional Commissioner, Respondent No 1 upheld election of Respondent No 3 -Petitioners challenged order of Respondent No 1 - Hence the present petition -Whether Respondent No 1 exercised his Appellate authority with due care and caution?
Citation :
Ravikiran S/o Abasaheb Deshmukh and Dattatraya S/o Mahadeo Kachgunde v. The Additional Commissioner, Aurangabad Division and Ors. (Decided on 21.01.2010) MANU/MH/0041/2010
Held, order of Appellate Authority not founded on good material and reasons ascribed not convincing. Respondent No. 1 should not have interfered with the order of the Additional Collector when it was based on the material gathered during course of the enquiry. Impugned order set aside. Petition allowed.

 
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Published in Civil Law
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