(Kurian Joseph, Mohan M. Shantanagoudar and Navin Sinha, JJ.)
Sau. Sharda Suresh Ingole _____________________________ Appellant
v.
Additional Commissioner, Amravati, Division & Ors. ___ Respondent(s)
Civil Appeal No(s). 3351 of 2018 [@ Special Leave Petition (C) No. 33695 of 2016], decided on March 28, 2018
The Judgement of the Court was delivered by
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.
4. Be that as it may, the term for which the appellant had been elected has already expired. It 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.
Petition for Special Leave to Appeal (C) No. 33695 OF 2016
Sau. Sharda Suresh Ingole ____________________________ Appellant
v.
Additional Commissioner, Amravati, Division & Ors ___ Respondent(s)
Date: 28-03-2018 This petition was called on for hearing today.
(Before Kurian Joseph, Mohan M. Shantanagoudar and Navin Sinha, JJ.)
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
Order
8. Leave granted.
9. The civil appeal is disposed of in terms of the signed non-reportable Judgment.
10. Pending Interlocutory Applications, if any, stand disposed of.
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