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Supreme Court of India 2020-02-14 partly_allowed

LAXMIBAI vs THE COLLECTOR, NANDED & ORS

Bench: 3 — A.M. Khanwilkar, Hemant Gupta, Dinesh Maheshwari

In Brief

Laxmibai, elected to a Gram Panchayat, faced a five-year disqualification for failing to file election expense statements within 30 days (she filed 15 days late due to illness). The Supreme Court held that while the State Election Commission could impose disqualification under the Maharashtra Village Panchayats Act, 1959, Section 14B, the maximum five-year term is not automatic. The Court emphasized that proportionality must guide disqualification orders: the penalty must match the degree of default. A purely mechanical imposition ignoring ill-health, minimal delay, and consequences to the elected representative and voters is illegal. The Court remitted the matter for reconsideration of an appropriate disqualification period.

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Election Law Panchayat Law Constitutional Law Administrative Law Proportionality Doctrine Judicial Review Electoral Procedure Disqualification Quasi-judicial Proceedings

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