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Judgment Search Results Home > Cases Phrase: the punjab state legislature prevention of disqualification act 1952 Sorted by: recent Page 1 of about 189 results (0.035 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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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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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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Jan 22 2009 (HC)

Adv. Aires Rodrigues Vs. the State of Goa by Its Chief Secretary and o ...

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 .....

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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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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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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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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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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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Mar 17 2015 (HC)

Gitaben Vs. The State of Gujarat Through and Another

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 .....

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