Supreme Court of India · 2019-04-22
SAMPADA YOGESH WAGHDHARE vs THE STATE OF MAHARASHTRA
- Citation / case number
- SC 2018/17505
- Court
- Supreme Court of India
- Petitioner
- SAMPADA YOGESH WAGHDHARE
- Respondent
- THE STATE OF MAHARASHTRA
- Author
- HON'BLE MR. JUSTICE K.M. JOSEPH
- Bench
- HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE ASHOK BHUSHAN
Judgment text excerpt
The Supreme Court upheld the disqualification of the appellant under Section 44(1)(e) of the Maharashtra Municipal Council Act, 1965, for her husband's unauthorized constructions. The Court clarified that the disqualification applies not only to the Councillor's actions but also to those of their spouse, provided the constructions are illegal or unauthorized. The Court found that the appellant's arguments regarding deemed permission under Section 45(5) were insufficient to overturn the disqualification, affirming the High Court's dismissal of her writ petition.