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Supreme Court of India 2020-02-14 partly_allowed

LAXMIBAI vs THE COLLECTOR NANDED

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

The Supreme Court held that a five-year disqualification imposed on elected panchayat members for failing to submit election expense accounts within the statutory deadline must be proportionate to the breach. The Court ruled that Section 14B of the Maharashtra Village Panchayats Act is directory, not mandatory, and authorities must examine the nature and extent of default before imposing penalties. A 15-day delay in submitting accounts, even without a valid medical excuse, does not automatically warrant the maximum five-year disqualification. The judgment emphasizes that removal of elected officials severely affects both the individual and the electorate's collective will. The Court set aside the five-year disqualification orders and remitted the matter for reconsideration of proportionate penalty periods.

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Election Law Administrative Law Panchayat Raj Disqualification Proportionality

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