Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 3351 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 33695 OF 2016]
SAU. SHARDA SURESH INGOLE Appellant(s)
VERSUS
ADDITIONAL COMMISSIONER, AMRAVATI,
DIVISION & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant was an elected member of the Gram
Panchayat. She was disqualified on two grounds,
namely - i) she had not constructed a toilet at her
residence and ii) that her husband was a paid
employee of the Panchayat.
3. The learned counsel for the appellant submits
that the husband was a daily wager and in any case,
he has since discontinued his service. As far as the
toilet is concerned, it is submitted that the toilet
with the required facilities had already been
constructed by the appellant.
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.04.04
16:19:59 IST
Reason:
4. Be that as it may, the term for which the
appellant had been elected has already expired. It
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is submitted by the learned counsel that the
appellant is contesting for the fresh elections also.
5. In that view of the matter, it is for the
appellant to pursue her nomination. Needless to say
that at the time of scrutiny, the submissions which
we have recorded above, will be gone into by the
authorities concerned.
6. In view of the above, the impugned Judgment is
set aside and the appeal is disposed of as above.
7. Pending Interlocutory Applications, if any, stand
disposed of.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
.......................J.
[ NAVIN SINHA ]
New Delhi;
March 28, 2018.
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ITEM NO.56 COURT NO.5 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 33695 OF 2016
SAU. SHARDA SURESH INGOLE Appellant(s)
VERSUS
ADDITIONAL COMMISSIONER, AMRAVATI, DIVISION & ORS. Respondent(s)
Date : 28-03-2018 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE NAVIN SINHA
For Appellant(s) Mr. Satyajit A. Desai, Adv.
Ms. Anagha S. Desai, AOR
Mr. Mehmood Umar Faruqui, Adv.
For Respondent(s) Mr. Prashant Kenjale, Adv.
Mr. Nishant, Adv.
Mr. Nishant Ramakantrao Katneshwarkar, AOR
Mr. S. Gowthaman, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The civil appeal is disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)