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Bombay High Court at Goa Quashes FIRs in Land Dispute Case Due to Civil Nature and Lack of Criminal Intent. Allegations of cheating, forgery, and criminal trespass found to be civil disputes without criminal ingredients under Sections 420, 467, 468, 471, 447, 427, 506(ii) read with 34 IPC.

The judgment concerns three connected criminal writ petitions arising from a land dispute in Salvador-Do-Mundo, Goa. The petitioners in WPCR 64/2021 a...

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Bombay High Court Quashes Removal of Sarpanch Under Section 39(1) of Maharashtra Village Panchayats Act, 1959 — Lack of Proper Enquiry and Non-Application of Mind. The court held that removal without affording opportunity of hearing and without proper enquiry is unsustainable.

The petitioner, Shri Jagdish Mannalalji Sancheriya, was directly elected as Sarpanch of Gram Panchayat, Anji (Mothi), District Wardha in March 2019 fo...

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High Court of Karnataka Quashes Auction Notice Issued by Town Panchayat for Lack of Authority Under Karnataka Municipalities Act, 1964. Town Panchayat Cannot Auction Property Without Statutory Power and Without Following Due Process Under Section 70 of the Act.

The petitioners, who are residents and property owners in Arkalgud Town, challenged an auction notice dated 20.09.2021 issued by the Arkalgud Town Pan...

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High Court of Karnataka Allows Writ Petitions Challenging Rejection of Nomination for Gram Panchayat President Election. Returning Officer's Failure to Verify Conviction Under Section 43(1)(a) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 Renders Rejection Illegal.

The petitioner, Smt. Basamma, was elected as a member of the Gram Panchayat Ingalageri on 17.02.2013. Subsequently, she contested the election for the...

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Karnataka High Court Quashes Disqualification of Taluk Panchayat Member in Election Dispute — Violation of Natural Justice as Show Cause Notice Not Served. Disqualification under Section 12(1) of Karnataka Panchayat Raj Act, 1993 set aside due to lack of opportunity of hearing.

The petitioner, Smt. Palakshamma, was elected as a Taluk Panchayat Member of Davangere Taluk Panchayat. On 12.11.2013, one Sri. Chinnasamudra Shekar N...

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High Court of Bombay at Goa Dismisses Petition Seeking Disqualification of Panchayat Member for Alleged Pecuniary Interest. Mere ownership of premises does not constitute pecuniary interest in resolutions granting permission to licensee or NOC to bank under Section 10(1)(j) of Goa Panchayat Raj Act, 1994.

The petitioner, Vishal Shambu Volvoikar, the Sarpanch of Se-Old Goa Village Panchayat, filed a writ petition seeking disqualification of respondent No...

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Bombay High Court Upholds Disqualification of Panchayat Member for Non-Disclosure of Property Tax Dues. Failure to disclose outstanding property tax dues and obtain no-dues certificate renders election void under Section 14(1)(j) of the Maharashtra Village Panchayats Act, 1959.

The petitioner, Shaukat Ali Mohd. Hussain, challenged the election of respondent No. 1, Shaikh Ayub, as a member of the village panchayat of Badnapur ...