Court : Mumbai
Decided on : Jul-29-2002
Reported in : 2003(1)BomCR363
..... calling upon him to produce the requisite proof regarding split in the original political party janata dal (s) and split in the legislature party within two days. on 6th june, 2002 dada jadhavrao filed disqualification petition before the speaker stating that the petitioner has not even claimed that there was a split in the janata dal (s) i.e. the original ..... challenge to the constitutional validity observed: (at page 277): 'the purpose in enacting the fifty-second amendment, therefore, was not only to stabilise the legally elected governments and to prevent the political immorality and corruption, but also to make them effective. if the provision is read down, as suggested, the main purpose of the amendment would be defeated. the ..... hearing was even worse and flagrant violation of natural justice. the speaker did not allow examination in chief of the petitioners nor allowed any witnesses to be produced. he prevented the advocates for the petitioners from properly cross-examining the witnesses produced by the applicant. he did not give sufficient time to the advocates for the petitioners to make ..... madhya pradesh, punjab, rajasthan, uttar pradesh and west bengal, 116 were included in the councils of ministers which they help to bring into being by defections. the other disturbing features of this phenomenon were multiple acts of defections by the same person or set of persons (haryana affording a conspicuous example) few resignations of the membership of legislature or explanations by .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-02-2002
Reported in : 2002(3)ALLMR368; 2002(5)BomCR128; 2002(2)MhLj940
..... such decision he has to either confirm the declaration granted or to disqualify the candidate. it is beyond the pale of doubt that the legislature does not contemplate any disqualification of the elected candidate at an interlocutory or interim stage on the basis of mere averments in the election petition or even affidavits. a ..... had committed serious error of law in dismissing the notice mainly on the ground that there was no provision in the act to grant any interim orders preventing the elected councillors from functioning as such. shri vashi further pointed out that though there was no such provision in the ..... defined limits and we cannot encroach upon the legislative field. if the election petitions do not get disposed of early it would be for the legislature and the state government to consider and not for this court. the petitioner's remedy would lie somewhere else and certainly not here.8-a. considering the ..... conferred a right of appeal. after referring to the judgment of lord denning in r. v. northumber land compensation appeal tribunal, exparte shaw, 1952 (1) all er 122this court in chandavarkar sita ratna rao v. ashalata s. gurnam, : 3scr866 held:--'it is true that in ..... or for that matter it does not specifically vest with powers and jurisdiction which the legislature has otherwise not conferred on the court. i am in respectful agreement with the decision of the learned single judge of the punjab and haryana court, in the case of nirmal singh v. the joint registrar, co .....Tag this Judgment!