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Search Results for "Disqualification proceedings"

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High Court

Bombay High Court Allows Petition Challenging Disqualification of Member Under Maharashtra Cooperative Societies Act — Resignation from Directorship of Another Society Not Attracting Section 73A Disqualification. The Court held that Section 73A disqualification applies only when a person simultaneously holds office as a 'designated officer' in two societies, and resignation after the stipulated period does not trigger disqualification under Section 73CA.

4 Nov 2025

The petitioner, Shashikant Balkrushna Gaikwad, challenged his disqualification as a member of respondent no.5-Society, Akola Zilla Parishad Prathamik ...

High Court

Bombay High Court Quashes Disqualification of Member in Cooperative Society Case — Resignation from Director Post Not Attracting Section 73A Disqualification. Section 73A of Maharashtra Cooperative Societies Act, 1960 applies only when a person simultaneously holds office as designated officer in two societies, not when resignation is tendered after election result.

4 Nov 2025

The petitioner, Shashikant Balkrushna Gaikwad, challenged his disqualification as a member of respondent no.5-Society, Akola Zilla Parishad Prathamik ...

High Court

Bombay High Court Overrules Full Bench: Post-Poll Aghadi Under Section 63(2B) of Maharashtra Municipal Councils Act Attracts Full Disqualification Regime Under Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that the legal fiction in the proviso equates post-poll Aghadi with pre-poll Aghadi for all purposes, including disqualification for defection, and not merely for representation in subject committees.

16 Jul 2024

The case involves a reference to a larger bench of the Bombay High Court to resolve a conflict regarding the interpretation of the second Proviso to S...

Supreme Court

Supreme Court Reduces Disqualification Period for Delayed Submission of Election Expenses Under Maharashtra Village Panchayats Act — Proportionality of Penalty Considered

28 Feb 2020

The Supreme Court considered appeals against disqualification of elected members of Gram Panchayats under Section 14B of the Maharashtra Village Panch...

Supreme Court

Supreme Court Allows Appeals Against Speaker's Inaction on Disqualification Petitions Under Tenth Schedule. The Court directed the Speaker to decide disqualification petitions within four months, holding that failure to act within reasonable time warrants judicial intervention.

21 Jan 2020

The appeals arose from the 2017 Manipur Legislative Assembly elections, which resulted in a hung assembly. The Indian National Congress won 28 seats, ...

High Court

Bombay High Court Quashes Divisional Commissioner's Order in Municipal Disqualification Case. Court Holds That Independent Corporator Cannot Be Treated as Member of Political Party Without Consent Under Maharashtra Local Authority Members Disqualification Rules, 1987.

6 Mar 2018

The petitioner, Lokashahi Aghadi, through its leader Shital Gaikwad, filed a writ petition challenging a communication dated 7.4.2017 issued by the Di...

High Court

Bombay High Court Dismisses Petition Seeking Disqualification of MLA in Election Law Case — Conviction Does Not Trigger Disqualification Under Section 8(3) of Representation of the People Act, 1951, When Sentence Is Suspended Pending Appeal.

7 Jun 2016

The petitioner, Sanjay Narayanrao Meshram, a citizen of India, filed a writ petition under Article 226 of the Constitution before the Bombay High Cour...

High Court

Bombay High Court Upholds Disqualification of Municipal Councillor for Defying Party Whip Under Maharashtra Local Authority Members Disqualification Act, 1986. The Court held that the Petitioner's act of voting against the party whip constituted defiance, warranting disqualification under Section 3(1)(b) of the Act.

18 Jul 2014

The Petitioner, Mrs. Sulabha Vijay Lokhande, was a Municipal Councillor in Panchgani Municipal Council, elected as an independent candidate in Decembe...

High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Sarpanch for Fourth Child Born After Cut-off Date Despite Child's Death. The birth of a live child after the cut-off date constitutes an increase in the number of children under Section 14(1)(j-1) of the Bombay Village Panchayats Act, 1958, and the subsequent death of the child does not attract the protection of the first proviso.

13 Jan 2012

The petitioner, Dnyaneshwar Patiram @ Ratiraj Shirbhiye, was elected as Member and Sarpanch of Gram Panchayat Wadala on 28-8-2005. Respondent No.3, Go...

High Court

Bombay High Court Dismisses Disqualification Petition Against Councillor for Merger of Municipal Party - Merger of Shivsena Municipal Party with NCP Municipal Party Valid Under Section 5(1)(c) of Maharashtra Local Authority Members' Disqualification Act, 1986 as Shivsena Had Only One Member in Corporation.

27 Apr 2011

The petitioner, Sunil Supadu Mahajan, a municipal councillor of Jalgaon Municipal Corporation, filed two writ petitions challenging the dismissal of h...

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