NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 3351 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 33695 OF 2016]
SAU. SHARDA SURESH INGOLE Appellant(s)
VERSUS
ADDITIONAL COMMISSIONER, AMRAVATI,
DIVISION & ORS.
Respondent(s)
JUDGMENT
KURIAN, J.
1.
Leave granted.
2. The appellant was an elected member of the Gram Panchayat. She was disqualified on two grounds, namely - i) she had not constructed a toilet at her residence and ii) that her husband was a paid employee of the Panchayat.
3. The learned counsel for the appellant submits that the husband was a daily wager and in any case, he has since discontinued his service. As far as the toilet is concerned, it is submitted that the toilet with the required facilities had already been constructed by the appellant.
4. Be that as it may, the term for which the appellant had been elected has already expired. It is submitted by the learned counsel that the appellant is contesting for the fresh elections also.
5. In that view of the matter, it is for the appellant to pursue her nomination. Needless to say that at the time of scrutiny, the submissions which we have recorded above, will be gone into by the authorities concerned.
6. In view of the above, the impugned Judgment is set aside and the appeal is disposed of as above.
7. Pending Interlocutory Applications, if any, stand disposed of.
.......................J. [ KURIAN JOSEPH ] .......................J. [ MOHAN M. SHANTANAGOUDAR ]
.......................J. [ NAVIN SINHA ]
New Delhi;
March 28, 2018.
ITEM NO.56 COURT NO.5 SECTION III SUPREME COURT O F INDIA RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 33695 OF 2016 SAU. SHARDA SURESH INGOLE Appellant(s) VERSUS ADDITIONAL COMMISSIONER, AMRAVATI, DIVISION & ORS. Respondent(s) Date : 28-03-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE NAVIN SINHA For Appellant(s) Mr. Satyajit A. Desai, Adv. Ms. Anagha S. Desai, AOR Mr. Mehmood Umar Faruqui, Adv. For Respondent(s) Mr. Prashant Kenjale, Adv. Mr. Nishant, Adv. Mr. Nishant Ramakantrao Katneshwarkar, AOR Mr. S. Gowthaman, AOR UPON hearing the counsel the Court made the following ORDER
Leave granted.
The civil appeal is disposed of in terms of the signed non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)