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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC300; 1985(2)SCALE749; (1985)4SCC621; 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 .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2002Bom39; 2002(1)ALLMR818; 2001(3)BomCR285; 2001(3)MhLj339
..... motor service, tirunelveli, : air1957mad48 . (2) anjar municipality v. j.m. vyas, : air1999guj298 . (3) jyotiben r. pathak v. rafigsa chammansa fakir, : air2000guj129 . (4) r.s. saini v. state of punjab, : (1999)iillj1415sc . 11. by the constitution (74th amendment) act, 1992 part-ixa has been inserted in the constitution relating to municipalities in terms of article 243p to 243zg. article 243u ..... of office of the councillors shall be coterminus with the duration of the council. section 55b provides for disqualifications for continuing as councillor or becoming councillor on removal as president or vice-president and section 44 deals with the disqualification of councillor during his term of office. whereas section 55 deals with removal of president by councillors ..... 309 gives extraordinary powers to the collector, in case of emergency, for execution of certain works, section 310 empowers the director to prevent extravagance in the employment of establishment. section 311 empowers the state government to order an inquiry to be held by any officer appointed by it into any matters concerning the municipal administration or any matters ..... him in accordance with the constitution. article 162 states that subject to the provisions of the constitution the executive power of a state shall extend to the matters with respect to which the legislature of the state has power to make laws. article 163 provides for council of ministers and states that there shall be a council of ministers with .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1954P& H247
..... disqualification of proprietors, the necessary provisions were contained in the land revenue acts themselves, and even in the present act the definition of proprietor is only reached by reference to 'mahal' and its meaning in the land revenue act from time to time in force.'9. these observations were cited with approval by a division bench of this court in -- 'harma-hendra singh v. punjab state ..... of law that the right of a person to acquire, hold and dispose of property carries with it a corresponding obligation to hold it subject to such restrictions as the legislature may think necessary and expedient. it follows as a consequence that it is open to the legislative authority of a country to subject both persons and property to restraint in ..... said regulation and his property shall be liable to be taken under the superintendence of the court of wards.'the petitioner challenged the validity of the order dated 18-9-1952 on the ground that the statutory provision under which it had been made had divested him of the right guaranteed by article 19(1)(f) of the constitution. the supreme ..... -84 (b), a case under the united provinces court of wards act, their lordships of the privy council observed as follows:'the object of disqualification under section 8 is no doubt threefold--it will protect persons incapable of managing their own affairs, it wilt prevent the splitting up or as the act itself says 'the dissipation of the property', and in either event it .....Tag this Judgment!
Court : Gujarat
..... aberration or failure in exercise of power and that too involving dishonesty of intention is abuse of powers within the meaning of section 22 of the act. the legislature could not have intended the occupant of an elective office, seated by popular verdict, to be shown exit for a single innocuous action or ..... the local self government and it would amount to a direct interference with the functioning of the local bodies contrary to the provisions made by the legislature. this court while considering such matters is not sitting in appeal over the orders passed by the authorities, but what is found in the ..... judicial pronouncements of the apex court in this regard. 22. in tarlochan dev sharma v. state of punjab, (2001)6 scc 260, the apex court, while dealing with the removal of a president of the council under the punjab municipal act,1911, held as below: 7. in a democracy governed by rule of law, once ..... of india, the court is empowered to examine the matter in order to do complete justice and prevent a miscarriage of justice. the nature of the power of removal under section 57(1) of the act and the resultant consequences are such, that it becomes all the more necessary for the court ..... or chairman of any committee, power is conferred on the state government with no provision of any appeal. the action of removal casts a serious stigma on the personal and public life of the concerned office-bearer and may result in his/her disqualification to hold such office for the next term. the exercise .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC694; (1969)3SCC268; 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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1995(2)SCALE239; 1994Supp(3)SCC708
..... the militants but not to the militants. taking these facts into account and having regard to the suggestions made at the bar on behalf of the state, we deem it appropriate to modify the order of the high court as under :1. the authorities will permit food packages prepared under their supervision ..... the inmates of the shrine it would be well nigh impossible for the authorities to flush out the militants. he, therefore, submitted that the state would have no objection to the supply of food which is essential for bars substance and that too to the innocent persons who are themselves hostages ..... requirement of article 21 of the constitution as well as the requirements of satisfying the basic human rights is upper host in the minds of the state authorition, it cannot pursuit the supply of food of that quantity which would give the impression that the inmates in the shrine, both militants and ..... shrine everyday in the evening between 10.00 and 12.00 and examine the sick and provide them the necessary treatment. the high court further stated that if any sick person requires specialised treatment he may made a report to the director of health services who shall thereupon ensure the required treatment ..... food to be supplied would be checked by the authorities to ensure that no execs retrial was smuggled into the shrine. it was further directed that the state should ensure supply of water, electricity and treatment to the sick. for treatment dr. s.m. rafiq, cmo srinagar, and use of the commissioner .....Tag this Judgment!
Court : Kerala
Reported in : AIR1971Ker98
..... in this way interfere with matters withdrawn from its authority by the federal constitution, or subject an accused to conviction for conduct which it is powerless to proscribe.' as the state legislature has power to create rights in or over land irrespective of the question whether there was any antecedent relationship between the parties, it has to be held that the creation ..... 2 (25) that the total extent of all the land held by a person, not necessarily land contiguously situated, is to be taken into account for the purpose of the disqualification, the conversion being made on the basis that three cents of land in a city or major municipality is equivalent to five cents in any other municipality and to ten ..... saved laws for agrarian reform only, and does not enable the state to divest a proprietor of his estate and vest it in another without reference to any agrarian reform. in air 1965 sc 632 the court held that the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, as amended by act 27 of 1960; was protected by article 31-a, as the ..... parliament in the exercise of its legislative power, but would include constitutional laws made in the exercise of its constituent power. the majority overruled the decisions in sankariprasad's case, 1952 scr 89 = (air 1951 sc 458) and sajjan singh's case, 1965-1 scr 933 = (air 1965 sc 845) holding the contrary view. but they adopted the device of prospective .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2004(4)Raj2097; 2004(4)WLC347
..... can be called in question except by an election petition, presented to such authority, and in such manner, as is provided for by or under any law made by the state legislature. to substantiate this proposition, reliance was placed on a division bench judgment of this court in jamna devi v. the district election officer, 2001(1) rlr-115, rlw 2001(1 ..... . karan singh, air 1966 sc-641 wherein dealing with the provisions of east punjab holdings (consolidation and prevention of fragmentation) act, it was held, that there is no provision in the act, granting express power of review to the state government, with regard to an order made under section 42 of the act, and in absence of any such express power, the director, consolidation of holdings ..... confidence in their representatives.'46. however, significantly, in this very para it was further held as under:-'the matter would be entirely different if the elected candidate suffered from any disqualification at the date of the election rendering his election invalid or if any irregularity committed in the course of elections is of a nature touching the substance of an election ..... maintainable in view of the law laid down by the apex court in the case of n.p. punuswami, (air 1952 sc 64) (supra. in this connection, we may refer to para 19 of the said judgment wherein it was stated that question as to what the powers of the high court under articles 226/227 and of supreme court under article .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1966SC657; 1966CriLJ586; 2SCR406
..... art. 102(1), he is entitled to continue to be a member of the house during its life. section 7 of the representation of the people act prescribes disqualifications for membership of parliament or of a state legislature. s. 7(b) is relevant for our purpose. it provides that a person shall be disqualified for being chosen as, and for being, a member of ..... considered this point and has held that a member of the house of the central or state legislature cannot claim as such member any immunity from arrest under the preventive detention act. dealing with the argument that a member of parliament cannot, by reason of his detention, be prevented from exercising his rights as such member, harries, c.j. observed that if this argument is ..... a challenge, it cannot be said to be barred, because such a challenge is not covered by the presidential order at all. 7. in makhan singh tarsikka v. the state of punjab : 1964crilj217 a special bench of this court has had occasion to consider the effect of the proclamation of emergency issued by the president and the presidential order with which we ..... thus raised was referred to the committee of privileges for its report. on the 9th july, 1952, the report made by the said committee was submitted to the house. the majority view of the committee was that the arrest of mr. deshpande under the preventive detention act did not constitute a breach of the privilege of the house. in coming to this conclusion .....Tag this Judgment!