Supreme Court · 2018 INSC 832 · Decided 19 September 2018
Janabai v. Additional Commissioner and Others
- Court
- Supreme Court of India
- Citation
- 2018 INSC 832 · [2018] 11 S.C.R. 699
- Case number
- CIVIL APPEAL No. 6832/2018
- Decided
- 19 September 2018
- Bench
- DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Maharashtra Village Panchayat Act, 1958: s.14(1)(j-3) and 53 - Disqualification under s. 14(1)(j-3) - Whether attracted, when encroachment is by the husband and father-in-law of the candidate and not by the candidate herself - Held: Legislative intent of s. has to be viewed very strictly - The word 'person' in s.14(1)(j-3) should not be construed narrowly - Therefore, when the candidate shares an encroached property and there is continuance, he/she has to be treated as disqualified - Interpretation of Statutes
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