Court : Supreme Court of India
..... holds an `office of profit'. thirdly, whether in view of clause (1) of article 243f of the constitution read with section 2(a) of the punjab state legislature (prevention of disqualifications) act, 1952, the petitioner shall not be deemed to be disqualified for being chosen as a member of a panchayat as the office of lambardar is one of the offices ..... for the respondent submits:(i) exemption from being called an `office of profit' granted to the office of the lambardar under the punjab state legislature (prevention of disqualification ) act, 1952 applies only in the case of election to state legislative assembly and not in case of election as member of panchayat.(ii) the government exercises power of appointment and removal over ` ..... pocket while discharging his duties.(iii) the punjab state legislature (prevention of disqualification) act, 1952, section 2 of the act enumerates that a person shall not be disqualified for being chosen as and for being a member of the punjab state legislature for holding `office of profit' under government of india or govt. of state of punjab and hence memo dated issued by the respondent ..... . in view of the aforesaid conclusion, we need not consider the effect of section 2(a) of the punjab state legislative (prevention of disqualifications) act, 1952, on section 11(g) of the state election commission act. by virtue of the aforesaid act a lambardar would be qualified to contest the elections for legislative assembly. this could be a stepping stone for .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR2009P& H63
..... ), he may be disqualified to be chosen as such, if he is so disqualified under any law enacted by the state legislation. learned counsel further submitted that the provisions of punjab state legislature (prevention of disqualifications) act, 1952, wherein it has been provided that the office of lambardar shall not be deemed to be one of the office of ..... exemption granted to the office of lambardar to be treated as an office of profit under the provisions of punjab state legislature (prevention of disqualifications) act, 1952, will not override the disqualifications prescribed under clause (g) of section 11 of the state election commission act, in view of the judgment of the supreme court in som lal's case : air2008sc2088 (supra). the ..... profit' under government of india or the government of any state specified in the first schedule. it is true that as far as the disqualification prescribed for the election of members of the state legislative assembly is concerned, the state of punjab while enacting punjab state legislature (prevention of disqualifications) act, 1952 has exempted the office of lambardar to be treated as ..... other existing law. there fore, in view of the said analogy, the provisions of punjab state legislature (prevention of disqualifications) act, 1952 will have no effect and will not remove the disqualifications prescribed under clause (g) of section 11 of the state election commission act. thus, keeping in view the aforesaid legal position, we are of the opinion that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1974SC2355; (1975)1SCC249; 2SCR580; 1974(6)LC775(SC)
..... sarkaria, j.1. the common question that arises for determination in these appeals is ; whether clause (i) in section 2 of the punjab state legislature (prevention of disqualification) act 7 of 1952 (hereinafter referred to as the disqualification act) inserted by haryana amendment act 25 of 1969 suffers from the vice of discrimination and as such, is an invalid piece of legislation both these appeals will therefore be ..... the office of profit, had already been removed by clause (e) of section 2 of the disqualification act, 1952, which runs thus:a member of any statutory body or authority, or a member of any committee or other body, appointed or constituted by the punjab government, and who is not in receipt of a salary but who is paid only travelling ..... of the ambala improvement trust was holding an office of profit under the government of the state, and as such, was disqualified from contesting the election. it was further pleaded that clause (i) of section 2 of the disqualification act 1952 (added by the haryana amendment act 25 of 1969) which purported to take the office of the chairman of an improvement ..... 191 of the constitution, the legislature of haryana state enacted the amendment act 25 of 1969, whereby it inserted the impugned clause (i) in the original section 2 of the disqualification act. the effect of this amendment is that a person holding the office of the chairman of an improvement trust constituted under the punjab town improvement act or the office of the chairman .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1968P& H450
..... added section 2(b) to the state legislature (prevention of disqualification) act. 1952, and is in these terms:--'it is hereby further declared that the office of chairman of a panchayat samiti or zila parishad shall be deemed never to have disqualified and shall not disqualify the holder thereof for being chosen as, or for being, a member of the punjab state legislature.'i heard arguments in the petition ..... account of holding an office of profit under the government of india or the governments of the states but not if such officer is under a local or ..... of its servants acts within the powers conferred upon it by the statute. ..... ..... a comparison of the different articles of the constitution 58(2), 66(4), 102(1) and 191(1)(a) dealing with membership of the state legislature snows in the case or members of the legislatures unlike the case of the president and the vice-president of the union the disqualification arises on ..... learned chief justice in his judgment said ''can the government prevent him from succeeding to the permanent vacancy? such a person gets to that post not because he is appointed by the government but by his own rights'. he also supported his view by referring to mangal sain v. state of punjab, air 1952 punj 58 where it had been held that the mere .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1969SC262; 1SCR421
..... add section 2 (b) in that act as follows:-'it is hereby further declared that the office of chairman of a panchayat samiti or zila parishad shall be ..... deemed never to have disqualified and shall not disqualify the holder thereof for being chosen as, or for being, a member of the punjab state legislature.'in view ..... an office under the state government.3. the learned judge trying the election petition recorded evidence in the trial of the petition up to 31st july, 1967, and adjourned the case for arguments to 21st august, 1967. on 19th august, 1967, however, the governor of punjab issued ordinance no. 10 of 1967 to amend the state legislature (prevention of disqualification) act, 1952, so as to ..... day of journey proceeding and following the day(s) of half.'it was alleged that the office of chairman of a panchayat samiti was an office under the state government of punjab and that the allowances paid under these rules made that office an office of profit. two questions, therefore, arose for decision. the first was whether the payment .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(111)BomLR737
..... an ordinance, the punjab parliament secretaries salary, allowances and privileges ordinance, 2002.15. all these laws were enacted by the competent ..... and miscellaneous provisions) act, 2004 and even reference can be made to the following legislations:1. the arunachal pradesh parliamentary secretaries (appointment, salaries, allowances and miscellaneous provisions) ordinance, 2007.2. the parliamentary secretary (payment of special allowance and prevention of disqualification) act, 1971. (pondicherry). 223. the west bengal legislature (removal of disqualifications) act, 1952.what to talk of these states in india, even the government of punjab, pakistan issued ..... legislatures to provide methodology for appointment and grant of salary allowances and perks to the `parliamentary secretaries'. for example, the .....Tag this Judgment!
Court : Supreme Court of India
..... agree to dissolution. the governor is further not required to act on the advice of the council of ministers, where some other body has been referred for the purpose of consultation i.e. article 192(2) as regards decisions on questions related to the disqualification of members of the state legislature. last of all, learned counsel placed reliance on the ..... was submitted that the prevailing situation called for immediate redressal, so as to preserve the democratic process in the state legislature, and more particularly, to prevent high constitutional functionaries including the chief minister, the speaker, and cabinet ministers, from acting with constitutional impropriety.191. we have given our thoughtful consideration to the submissions advanced at the hands of the ..... whom resolutions for their removal have been moved, are known to have resorted to unsavoury means, to defer consideration thereon. in this behalf, learned counsel placed reliance on state of punjab v. satya pal dang., the k.a. mathialagan case11, and nipamacha singh v. secretary, manipur legislative assembly..102. it was also submitted, that the ..... the assembly on 11th march, 1968 in exercise of his constitutional powers under article 174(2)(a) of the constitution. on 13th march, 1968 the governor promulgated the punjab legislature (regulation of procedure in relation to financial business) ordinance, 1968. thereafter, on 14th march, 1968 the governor summoned the assembly for 18th march, 1968 in exercise of .....Tag this Judgment!
Court : Chennai
Reported in : AIR1988Mad275
..... would necesscitate the same and that there was little warrnt for adding another mode of vacation of a seat or adding to the list of disqualifications by further giving a discretionary power of expulsion in the state legislatures themselves. the learned judge then answering the second question in paragraph 336 of the judgment observed as follows : -'i am inclined to hold ..... composition. such a power, according to the learned advocate general has been exercised both by the house of commons and by the indian parliament as also by the state legislatures in madhya pradesh and punjab & haryana. he has referred us to several instances to which we shall make reference later and to the decision of the supreme court in m.s.m. ..... u.p. reference case has expressly negatived this privilege in respect of an indian legislature under art. 194(3), it must be hald that the state legislature did not have the power to expel a member.15. very strong reliance has been placed on the majority decision of the punjab and haryana high court in hardwari lal v. the election commission of india, ..... particularly to the observations under the heading 'other crimes' at page 42.in this paragraph it was stated :'the statutory disqualification which the forfeiture act. 1870 imposes on any person convicted of treason previously extended to any person convicted off,......... felony and sentenced to death, preventive detention or corrective training or any term of imprisonment exceeding twelve months.'on the basis of this .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1990KAR3256; 1990(3)KarLJ234
..... warrangal.'15. in the case of ravanna subbanna v. g.s. kaggeerappa the supreme court has stated thus in para-13:-'13. the high court in deciding this point against the appellant laid great stress upon the provision of section 2 of the mysore legislature (prevention of disqualifications) act, 1951 which lays down that -'a person shall not be disqualified for being chosen and for ..... being a member of the mysore legislature by reason only of the fact that he holds any of the offices of profit specified in the ..... question whether a person holding the office of the chairman of the panchayat samiti under the panchayat samitis and zilla parishads act, 1961 and who was being paid a consolidated allowance of rs. 100/- per mensum in accordance with the punjab panchayat samithis and zilla parishads non-official members (payment of allowances) rules, held he did not hold an office of ..... profit, the payment being a compensation for out-of-pocket expenses. this judgment was affirmed by the supreme court : 1scr421 , s. umrao singh's case].17. in view of these decisions and considering the relevant provisions of the act .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1997P& H164; (1997)115PLR687
..... in electoral matters.6. in exercise of powers under articles 243a, 243b, 243c, 243d, 243g, 243h and other provisions the state legislature has enacted the punjab panchayati raj act, 1994 (hereafter referred to as 'panchayati raj act'). '1994 act' has been enacted by the state legislature in exercise of its power under art. 243k of the constitution. section 10 of the panchayati raj ..... the election officer to stall the proceedings or to conduct the election process afresh, in particular when election has already been held in which the voters were allegedly prevented to exercise their franchise. as seen, that dispute is covered by an election dispute and remedy is thus available at law for redressal. under these circumstances, we ..... even the balance of convenience.'12. we may also refer to the decisions of this court in which scope of power of the election tribunal constituted under the punjab gram panchayat act, 1952 has been considered in the context of the provisions of order 39 of the c.p.c. in kundan singh v. executive magistrate, 1st class', barnala, ..... amendment) act, 1992. article 243b mandates constitution of panchayats at the village, intermediate and district levels. articles 243c and 243d relate to composition of panchayats and reservation of seats. article 243e specifies the tenure of panchayats. article 243f enumerates the disqualifications. article 243g specifies powers, authority and responsibilities of panchayats. article 243h empowers the legislature of a state to enact .....Tag this Judgment!