ANITA W/O SIDDARTH MESHRAM Vs. TAHSILDAR, TAH KALMESHWAR, DISTT NAGPUR
LAWS(BOM)-2018-9-86
HIGH COURT OF BOMBAY
Decided on September 14,2018

Anita W/O Siddarth Meshram Appellant
VERSUS
Tahsildar, Tah Kalmeshwar, Distt Nagpur Respondents

JUDGEMENT

S.B. Shukre, J. - (1.) Heard learned counsel for the petitioner and learned A.G.P. for the respondent No.1.
(2.) This petition challenges the acceptance of nomination form of respondent No.3 to contest the election to the post of Sarpanch, Gram Panchayat Lonara, Tq. Kalmeshwar, District Nagpur by the Returning Officer respondent No.2.
(3.) According to the petitioner, the respondent No.3 having not paid the dues to the Gram Panchayat is disqualified under Section 14(1)(h) read with Explanation 2 of the Maharashtra Village Panchayat Act (in short, "M.V.P. Act"). Reliance is placed upon the view taken by the learned Single Judge of this Court in the case of Taibai w/o. Tulshiram Damle vs. Additional Commissioner, Amravati Division and others, 2008 6 MhLJ 369. According to the learned Asssistnt Government Pleader, the demand notice was of the date of 26.7.2018 and the failure to pay the dues in terms of Section 14(1)(h) arises only when there is a failure to pay the taxe within the period of three months from the date on which there is a demand for payment of dues and this period of time, in the present case would expire on 25th October, 2018.;


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