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Supreme Court of India · 2017-11-13

SAGAR PANDURANG DHUNDARE vs KESHAV AABA PATIL

Citation / case number
SC 2016/36372
Court
Supreme Court of India
Petitioner
SAGAR PANDURANG DHUNDARE
Respondent
KESHAV AABA PATIL
Author
HON'BLE MR. JUSTICE KURIAN JOSEPH
Bench
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE KURIAN JOSEPH

Judgment text excerpt

The Supreme Court ruled that under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958, a family member of an original encroacher cannot be disqualified from being a member of the Panchayat solely based on the encroachment of their ancestor. The Court emphasized that the disqualification applies only to the individual who has directly encroached upon government land or public property, not to beneficiaries of such encroachment. The judgment clarifies the interpretation of disqualification provisions, affirming that the law does not extend to family members unless explicitly stated.

SAGAR PANDURANG DHUNDARE vs KESHAV AABA PATIL · Niyam