Supreme Court of India
Janabai v. Additional Commissioner and Others
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What the Court ordered
In view of the aforesaid analysis, we do not find any substance in the appeal and the same stands dismissed accordingly.
Judgment, page 21
From the headnote
Maharashtra Village Panchayat Act, 1958: s.14(1)(j-3) and 53 – Disqualification under s. 14(1 )(j-3) – Whether attracted, when encroachment is by the husb and and father-in-law of the candidate and not by the candidat e herself – Held: Legislative intent of s. 14(1)(j-3) is that encroachme nt has to be viewed very strictly – The word ‘person’ in s.14(1)( j-3) should not be construed narrowly – Therefore, when the candidate sha res an encroached property and there is continuance, he/she has t o be treated as disqualified – Interpretation of Statutes – Purposive Interpretation – Legislative
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