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Judgment Search Results Home > Cases Phrase: the punjab state legislature prevention of disqualification act 1952 Court: punjab and haryana Page 1 of about 23 results (0.627 seconds)

Dec 05 2008 (HC)

Anokh Singh and Etc. Etc. Vs. Punjab State Election Commission and ors ...

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 .....

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Sep 19 1967 (HC)

S. Umrao Singh Vs. Darbara Singh and ors.

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 .....

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Aug 12 1996 (HC)

Sham Lal Vs. State Election Commission, Chandigarh and Others

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 .....

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Jan 20 2006 (HC)

Som Lal Vs. Vijay Laxmi

Court : Punjab and Haryana

Reported in : (2006)143PLR81a

..... state election commission.27. it is pertinent to repeat that by virtue of section 228 of the panchayati raj act, the punjab gram panchayat act, 1952, which used to hold that field earlier, has been repealed. we find that in section 6(5) of the repealed act, specific disqualifications 'to stand for election as, or continue to be a sarpanch or a panch', were prescribed by the legislature ..... by express enactment. the court cannot proceed upon the assumption that the legislature has made a mistake, because, there is a strong presumption that the legislature does not make mistakes. it is also well established that a statute ought to be so construed that if it can be prevented no clause, sentence or word is rendered superfluous, void or insignificant ..... were made relating to vinegar in the prevention of food adulteration act, 1954 and rules made thereunder as well as in the essential commodities act, 1955 and the fruit order made thereunder, it held that the prevention of food adulteration act, 1954 and the rules framed thereunder were not impliedly repealed by the above stated later act of 1955. the court held that, ..... 'if the adulteration act or rules, impose some restrictions on the manufacturer, dealer .....

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Jul 28 1999 (HC)

Kulwant Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (1999)123PLR241

..... provisions of the punjab state cooperative land mortgage bank bye-laws and the punjab cooperative societies act, 1961, hon'ble mr. justice a.l. bahri took the view, that if a person at the time of his election as a representative, satisfies the qualification of being a member of the managing committee of affiliated primary society, but later on earns disqualification or ceases ..... committee and not to a person being the member of the society. rule 26(f) states that a member of the committee shall cease to hold his office if he becomes, subject to any disqualification, which would have prevented him from seeking election and incur that disqualification before election. it is this provision which has been relied upon by the respondents in ..... under the rules to authorise any member of the society to participate and cast vote on its behalf in any society, where the said society is a member. the legislature has unambiguously prescribed a clear distinction between the member of a society and member of the committee.27. the managing committee of a society is responsible for governance thereof, ..... insolvent; (d) becomes of unsound mind; (e) is convicted of an offence involving dishonesty or moral turpitude; or (f) becomes subject to any disqualification which would have prevented him from seeking election, had incurred that disqualification before election. 11. the other provisions, which would be relevant and need to be considered are related to the central society i.e. nawanshahr central .....

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Nov 19 1990 (HC)

Jagdev Singh Vs. the Registrar, Co-operative Societies, Haryana and Ot ...

Court : Punjab and Haryana

Reported in : AIR1991P& H149; (1991)99PLR237

..... panchayat act, 1952 (section 9), the term of the office of the panches/ sarpanches has been specified as also a power of removal by vote of no-confidence has been conferred. even in punjab municipal act, 1911 (sections 21 and 22), the tenure has been fixed and a power of removal by a vote of no-confidence has been specified. if the same legislature for ..... ) is declared insolvent; (d) becomes of unsound mind; (e) is convicted of an offence involving dishonesty or moral turpitude; or (f) becomes subject to any disqualification which would have prevented him from seekingelection, had he incurred that disqualification before election.' 10. mr. b. s. khoji, learned counsel for the writ-petitioner, contended that the tenure of the term of office of the president ..... , but does not provide for thetenure of the office-bearers. prior to the promulgation of the haryana act, the cooperative societies in haryana were governed by the punjab act, as applicable to harayana. by act no. 36 of 1976, the haryana state had added s. 26(7) to the punjab act, fixing the tenure of the chairman, vice-chairman and other office-bearers of the committee to ..... to which the co-operative society is a party except in transactions made with the co-operative society as a member in accordance with the object of the society as stated in the bye-laws; (c) he has at any time during a period of one year prior to the date of scrutiny of nomination papers, engaged in any private business .....

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May 17 1965 (HC)

Karta Ram Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1966P& H365

..... entered the service of the patiala and east punjab states union in the consolidation department, he was removed from his post for suppressing the fact that he was a dismissed patwari. reliance in this connection was placed on clause (f) of sub-section (5) of section 6 of the punjab gram panchayat act, 1952, (hereinafter called the act), which reads as under:--'no person who ..... context in which the word 'notified' occurs in the clause under consideration, it, in my opinion, is used in the sense 'made known' or 'declared.' if the legislature intended that the disqualification would be considered as a bar to seeking election as a panch or sarpanch only if it is published in the official gazette, nothing could have been easier for ..... a person is disqualified from employment in public service the mere fact that the disqualification in question had not been published in the official gazette will not thus prevent it from being taken into consideration under clause (f) of sub-section (5) of section 6 of the act. the disqualification may be made known in various manners, including adoption of the procedure prescribed ..... under note 2, clause 4 of the punjab civil services (punishment and appeal) rules published as appendix .....

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Jul 14 2015 (HC)

Manpreet Singh Gill Vs. Kuljit Singh

Court : Punjab and Haryana

..... ) if he is a member of either house of the parliament or of the legislature of punjab state: provided that a member of either house of the parliament or the legislature of punjab state may be elected as a member as defined in clause (zg) of section 2 of the punjab panchayati raj act, 1994 (punjab act no.9 of 1994) or as a member of the municipality, if, alongwith ..... , observed as under:- "it is, therefore, apparent that the election of the member of a gram panchayat can be set aside only on the basis of disqualification as enumerated under section 11 of 1994 act. the case of the appellant is better because the mere registration of the name of the appellant in two different electoral rolls simultaneously, is not one of ..... of the municipality unless a period of five years has elapsed since his conviction; or (m) if he is registered as a habitual offender under the punjab habitual offenders (control and reform ) act, 1952 (punjab act no.12 of 1952), or any other law for the time being in force; or (n) if he has been convicted of an offence under the protection of civil rights ..... as committed contrary to the orders, and without the consent, of the candidate or his election agent; (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and (c) that in all other respects, the election was free from any corrupt practice on the part of the candidate or .....

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Feb 01 1982 (HC)

Kalwa Vs. Vasakha Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1982P& H480

..... were to be determined by a judicial tribunal had been adjudicated upon under the assumed fiat of the legislature.118. earlier in mahant lachhman dass chela v. state of punjab, ilr (1968) 2 punj and har 499, an attack against the constitutional validity of this act had been repelled by a full bench of this court. while dealing with the argument based on art ..... law which rendered it invalid. thirdly, the cases cited for the appellant are cases relating to legislative validation of invalid elections or removal of disqualification with retrospective effect. being cases of legislative validation, or removal of qualifications by legislature, they are not liable to be tested on the basis of the theory of basic structure, which, i think, is applicable only to ..... , in the case of joint undivided immovable property, to the co-sharers; * * * * *.' 66. basic object of right of pre-emption in so far as it concerned the village, being to prevent the incursion into the community of strangers in race and religion and thus protect compactness of village communities and for that reason, this right was considered mere corollary of the ..... untouched.'112. even if sub-section (2) is treated as a non obstante clause, the result would not be any different.113. in aswini kumar ghose v. arabinda bose, air 1952 sc 369, it was laid down (para 27)-'the enacting part of a statute must, where it is clear, be taken to control the non obstante clause where both cannot .....

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Apr 29 2002 (HC)

Mathura Dass and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR2003P& H59

..... jawahar lal gupta, j. 1. is the action of the state off punjab in abolishing 'octroi' illegal and arbitrary? do act nos.1 and 2 of 2002 as promulgated by the legislature conform to the mandate of article 14 and part 1x-a of the constitution? this is the core of the controversy in these petitions. 2. the municipal councillors, ..... facilities such as parks, gardens, playgrounds. 13. promotion of cultural, educational and aesthetic aspects. 14. burials and burial grounds; cremations, cremation grounds and electric crematoriums. 15. cattle ponds; prevention of cruelty to animals; 16. vital statistics including registration of births and deaths. 17. public amenities including street lighting, parking lots, bus stops and public conveniences. 18. regulation of ..... 243v. provisions for conferring power and responsibilities were also required to be made.under article 243w, the legislature was required to make law so as to 'endow' the municipalities with powers and authority so as ..... constituencies in the area. the state had to provide for the representation of persons having special knowledge or experience in municipal administration. the wards committees were also required to be constituted. provision for reservation of seats had to be made. the members were to have a secure tenure of five years. the disqualifications of membership were provided in article .....

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