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Judgment Search Results Home > Cases Phrase: the punjab state legislature prevention of disqualification act 1952 Court: supreme court of india Page 1 of about 51 results (0.061 seconds)

Oct 29 2010 (SC)

Harchand Singh. Vs. State of Punjab and ors.

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 .....

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Nov 05 1974 (SC)

Bhagwan Dass Sehgal Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : AIR1974SC2355; (1975)1SCC249; [1975]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 .....

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Jul 25 1968 (SC)

S. Umrao Singh Vs. Darbara Singh and ors.

Court : Supreme Court of India

Reported in : AIR1969SC262; [1969]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 .....

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Jul 13 2016 (SC)

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

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[13]., the k.a. mathialagan case11, and nipamacha singh v. secretary, manipur legislative assembly[14]..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 .....

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Nov 07 1975 (SC)

Smt. Indira Nehru Gandhi Vs. Shri Raj NaraIn and anr.

Court : Supreme Court of India

Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347

..... pleader was not disqualified from being chosen or for being a member of the state legislative assembly : and, by section 2(2), the act was made retrospective removing the appellant's disqualification retrospectively. it was held that act 5 of 1969 had removed the disqualification retrospectively, that parliament and the state legislatures can legislate retrospectively subject to the provisions of the constitution, that no limitation on ..... amendment, is questioned on the ground of a suggested frightfulness in the facts of the case which parliament and the ratifying state legislatures are to be supposed, if we are to accept the suggestion, to have been acting in concert to prevent this court from examining on merits it was, i think, the duty of counsel making any such suggestion to invite ..... be designated as political and orders made in exercise whereof are not liable to be tested for their validity before the lawfully constituted courts : rai sahib ram jawaya kapur v. state of punjab : [1955]2scr225 ; jayantilal amritlal shodhan v, f.n. rana : [1964]5scr294 ; and halsbury's laws of england 3rd edn. vol. 7, article 409, at p. 192.632. ..... deal with the first of these requisites, article 324 with the second and article 329 with the third requisite (see n.p. ponnuswami v. returning officer, namakkal constituency : [1952]1scr218 .269. article 329(b) envisages the challenge to an election by a petition to be presented to such authority as the parliament may, by law prescribe. a law relating .....

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Aug 27 2014 (SC)

Manoj Narula Vs. Union of India

Court : Supreme Court of India

..... either house of parliament if he is so disqualified under the tenth schedule. similarly, article 173 provides for qualification for membership of the state legislature and article 191 enumerates the disqualifications similar to article 102. the parliament by the 1951 act has prescribed further qualifications and disqualifications to become a member of parliament or to become a member of legislative assembly. section 8 of the ..... certainly weaken our democracy and will render the democratic institutions sterile. the committee therefore feels that politics should be cleansed of persons with established criminal background. the objective is to prevent criminalisation of politics and maintain probity in elections. criminalization of politics is the bane of society and negation of democracy. but the arguments against the proposal of the election commission ..... . lovehead, constitutional law-a critical introduction (2nd edn., butterworths: london, 2000) at 247 [70]. [71].http://parliamentofindia.nic.in/ls/debates/vol11p12.htm [72]. [73]. s.r. chaudhuri v. state of punjab, (2001) 7 scc126[74]. [75].164. other provisions as to ministers. (1) the chief minister shall be appointed by the governor and the other ministers shall be appointed by the .....

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Jan 23 2007 (SC)

Navjot Singh Sidhu Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR2007SC1003; 2007CriLJ1427; JT2007(2)SC382; RLW2007(3)SC2264; 2007(2)SCALE196; (2007)2SCC574

..... be accepted. the representation of the people act, 1951 is a complete code. the preamble of the act is -an act to provide for the conduct of elections to the houses of parliament and to the house or houses of the legislature of each state, the qualifications and disqualifications for membership of those houses, the corrupt ..... fit case where the order of conviction passed by the high court deserves to be suspended.12. shri sushil kumar, learned senior counsel for the state of punjab has submitted that the case in hand cannot be called as a rare case where an order for suspension of conviction should be passed. learned ..... but was acquitted by the learned sessions judge, patiala, by the judgment and order dated 22.9.1999 which order was challenged by the state of punjab by filing an appeal in the high court which has been allowed and the appellant has been convicted under section 304 part ii ipc and has ..... for exercise of such power, it is not possible to hold, as a matter of rule, or, to lay down, that in order to prevent any person who has committed an offence from entering the parliament or the legislative assembly the order of the conviction should not be suspended. the courts ..... appellant also moved an application for suspending the order of conviction passed against him by the high court on which notice was issued to the state of punjab and the said application is being disposed of by the present order.2. the circumstances leading to the filing of the application for suspension of .....

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Dec 06 2018 (SC)

K. Lakshiminarayanan Vs. Union of India

Court : Supreme Court of India

..... a colourable legislation which violated any constitutional convention or article 14 of the constitution. 86. one of the contentions raised in the above case for assailing the parliament (prevention of disqualification) act, 1959 as amended by act 31 of 2006 on the ground that for exempting particular office from a list of the office of profit, opinion of joint committee was not obtained on ..... the president is not bound to give his assent to such a bill. further, a state legislature can be dissolved and president s rule can be imposed in a state either on the report of the governor or otherwise when there is failure of the constitutional machinery in the state. 52. it has been laid down by this court in the above cases, which ..... laws in relation to matters under the state list, give directions to the states and empower union officers to execute matters in the state list. that apart, in case of inconsistency between the union and the state laws, the union law shall prevail. additionally, a governor of a state is empowered to reserve the bill passed by the state legislature for consideration of the president and ..... article 77(3) are applicable to all executive actions of the central government including constitutional and statutory functions. in a constitution bench judgment of this court in samsher singh vs. state of punjab and another, (1974) 2 scc831following was laid down in paragraph no.29: 78 29. the executive power is generally described as the residue which does not fall within the .....

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Oct 09 1985 (SC)

Kirpal Singh, M.L.A. Vs. Uttam Singh and anr.

Court : Supreme Court of India

Reported in : AIR1986SC300; 1985(2)SCALE749; (1985)4SCC621; [1985]Supp3SCR622; 1986(1)LC25(SC)

..... (1)(a) to (e) and the provisions of the representation of the people act (including section 10) is the preservation of the purity and integrity of the election process by preventing government or state employees from taking part in the elections. but then section 10 appears to confine the disqualification, in so far as it relates to employees of government companies to the 'top ..... the interim order we think that where an election is set aside for no fault of his, such as a corrupt practice committed by him or his agent or a disqualification suffered by him, but on the ground that someone else's nomination had been improperly rejected, the more appropriate order would perhaps be to grant an absolute stay so that ..... ) if he holds any office of profit under the government of india or the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder ; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent ..... o chinnappa reddy, j.1. shri kirpal singh was elected to the punjab legislative assembly from majitha constituency at the general elections held in 1972. his election was set aside by high court in an election petition filed by one of the defeated .....

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Oct 16 1969 (SC)

Srimati Kanta Kathuria Vs. Manak Chand Surana

Court : Supreme Court of India

Reported in : AIR1970SC694; (1969)3SCC268; [1970]2SCR835

..... , 1968. during the pendency of the appeal, the rajasthan legislative assembly members (prevention of disqualification) act, 1969 (act no. 5 of 1969) (hereinafter referred to as the impugned act), was passed, which received the assent of the governor on april 4, 1969.the impugned act inter alia provides :2. prevention of disqualification of membership of the state legislative assembly, (i) it is hereby declared that none of the following ..... for election under article 191 of the constitution. but assuming that she held an office of profit, this disqualification has been removed retrospectively by the rajasthan legislative assembly by enacting the impugned act.40. mr. chagla, learned counsel for the respondent, contends that the rajasthan state legislature was not competent 'to declare retrospectively' under article 191(1)(a) of the constitution. it seems to ..... this power might be abused in a particular case are again no grounds for limiting the powers of the state legislature.44. it is also urged that by enacting the impugned act the state legislature has amended the 1951 act. we are unable to appreciate this contention. the state legislature has exercised its powers under article 191 to declare a certain office not to have ever disqualified its .....

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