The High Court of Bombay dismissed a writ petition challenging the notice for holding an election to the post of Upa-Sarpanch, rejecting the argument that pending disqualification proceedings justified stalling the election.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10628 OF 2017
Dattatraya Dnyanoba Mali .. Petitioner Vs. The State of Maharashtra and ors. .. Respondents
Mr.Vikram S. Undre, for the Petitioner. Mr.B.V. Samant, AGP for Respondents No. 1 & 2.
CORAM : B.R.GAVAI &
M.S.KARNIK, JJ.
DATE : 20th SEPTEMBER, 2017
P.C. :
by the petitioner are decided by the Collector. Merely because somebody has filed the proceedings for disqualification against the
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number of elected members cannot be a ground for stalling the election of Upa-Sarpanch unless the member is disqualified after following the procedure as prescribed by law. He has however right to continue as a member of Gram Panchayat. The Petition is without any merit and as such rejected.
( M.S.KARNIK, J.) (B.R.GAVAI, J.)
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1 issue framed by the court
Whether election to the post of Upa-Sarpanch should be stalled pending disqualification proceedings against elected members.
Dattatraya Dnyanoba Mali
The State of Maharashtra and ors.
B.R. Gavai
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
