Supreme Court of India
Sampada Yogesh Waghdhare v. The State of Maharashtra & Ors.
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What the Court ordered
We are of the view that this argument has no merit and Section 44(1)(e), as it 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 unauthorized construction by the spouse of the Municipal Councillor/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 ingredients of the provision are established it must be given full play – Illegal temporary constructions/structures made by the Councillor, spouse or dependent…
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