Mandatory Versus Directory Nature of Disqualification Rules for Failing to Lodge Election Expenses
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Case: HEMANT BABNRAO GUND v. LAXMAN BABAN GHULE AND ORS
Court: Bombay High Court
Date: 29-07-2026
Law: Maharashtra Village Panchayats Act, Maharashtra Co-operative Societies Act.
Highlights of the Judgment:
- Detailed examination of Rule 66(1)(b) of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.
- Analysis of whether disqualification for failing to lodge election expenses within sixty days is mandatory or directory.
- Application of the Supreme Court precedent in Laxmibai v. Collector Nanded regarding pari materia provisions under the Village Panchayats Act.
- Discussion on the necessity for authorities to conduct a factual inquiry into reasons or justifications for delay.
- Review of the Registrar's jurisdictional error in ruling out the power to condone delay.