Supreme Court of India
Sampada Yogesh Waghdhare v. The State of Maharashtra & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that this argument has no merit and Section 44(1)(e), as i t stands, is neither dependent on a criminal action preceding it nor is the court to be influenced by the fact that making an unauthorized construction will have penal consequences.
Judgment, page 9
From the headnote
Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965: ss. 44(1)(e) – Disqualification under – For unautho rized construction by the spouse of the Municipal Councillo r/President of the Council – Held: Disqualifying a Councillor i .e. a democratically elected representative is a serious matter and the case against such person must be strictly proved – However, s. 44(1)(e) requires reasonable interpretation – If ing redients of the provision are established it must be given full pla y – Illegal temporary constructions/structures made by the Councillor , spouse or
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.