Court : Rajasthan
Decided on : Apr-04-1997
Reported in : AIR1997Raj250
..... . the, conditions, therefore, can be laid down by the state legislature while legislating the law relating to the disqualification for being chosen as well as for being continued as a member of the panchayat. we are, therefore, of the view that the rajasthan panchayati raj act, 1994, which is an implementing legislation undertaken by the state government, has been legislated within the framework of the ..... law can be made applicable gradually in a particular set of circumstances to a particular set of persons. 34. article 14 does not prevent the legislature for the gradual introduction of reforms. it is open to the state legislature to select even a single institution for the purpose of implementing its policy. implementation of a policy in a phased manner is not prohibited by ..... authority for the two statutes being different, article 14 of the constitution can have no application.' the same view was reiterated by the supreme court in sant lal bharti v. state of punjab, air 1988 sc 485. 33. the provisions of section 19(l), therefore, cannot be declared as arbitrary or discriminatory as no provision has been made with respect to the .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-04-1997
Reported in : 1997(2)WLC672; 1997(1)WLN682
..... conditions therefore, can be laid down by the state legislature while legislating the law relating to the disqualification for being chosen as well as for being continued as a member of the panchayat. we are, therefore, of the view that the rajasthan panchayati raj act, 1994, which is an implementing legislation under taken by the state government, has been legislated within the frame-work of ..... law can be made applicable gradually in a particular set of circumstances to a particular set of persons.34. article 14 does not prevent the legislature for the gradual introduction of reforms. it is open to the state legislature to select even a single institution for the purpose of implementing its policy. implementation of a policy in a phased manner is not prohibited by ..... authority for the two statutes being different, article 14 of the constitution can have no application.' the same view was reiterated by the supreme court in sant lal bharti v. state of punjab : 2scr107 33. the provisions of section 19(l), therefore, cannot be declared as arbitrary or discriminatory as no provision has been made with respect to the members of .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-1997
Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567
..... the french view that the ordinary courts cannot even question the validity of an act of the legislature but then it is based on french history [see: prof. a.t.von mehren: the judicial process in the united states and france' 22 revista juridical de la universidad de puerto rica, 1952] and legislation [see: constitution of 1971, ch.v, tit. iii, article 3: article ..... a special government pleader to assist the government pleader in a particular case. question arose as to whether he could be taken to be holding 'any office of profit' incurring disqualification under article 191 of the constitution of india. the relevant portion of article 191 of the constitution of india reads as under: .ls1 '191 ..... relate primarily to the exercise of parliamentary duties and endorse the principle of non-accountability. some constitutions do set limits to the principle of non-accountability with a view to prevent its abuse. for example, under the constitution of the federal republic of germany immunity does not cover defamation of character and insult even when committed in the course of parliamentary ..... namely suraj mandal, shibu soren, simon marandi and shailendra mahto decided to keep a part of the booty in the safe lockers of a bank. they thus went to the punjab national bank, naroaji nagar branch, new delhi on the 31st, where suraj mandal made a deposit of rs.30 lacs in his own name in the s.f.acctt. no .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-07-1997
Reported in : AIR1998P& H31; (1997)117PLR218
..... , panchayat simiti or zila parishad before the commencement of this act under the punjab gram panchayat act, 1952 and punjab panchayat samiti act, 1961, and a period of five years has not elapsed from the date of such removal, unless he has, by an order of the government notified in the official gazette been relieved from the disqualifications arising on account of such removal from office; or ..... constitution or of any other constitutional provision. for this, he placed reliance on state of andhra pradesh v. mcdowell and company etc. jt 1996 (3) sc 679 : (air 1996 sc 1627). it was argued by him that the haryana legislature was competent to pass the haryana panchayati raj act, 1994 and none of the rights of the petitioners as provided under part-ill ..... after the election, rendering all the members of the family group or unit to contest or if already elected to continue to do so. this disqualification can be earned by a member purposely or otherwise to prevent all the members of the family from becoming continuing in the elected office which would not only be unfair and unreasonable but would also be ..... against the spirit of the provision and the purpose of the act.27. a provision like this is fraught with dangerous consequences giving rise to a situation .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-29-1997
Reported in : (1997)117PLR367
..... fact that 10th schedule was added in the constitution of india with an intention to prevent an elected member of parliament or state legislature from crossing the floor in the house and to prevent political defection for extraneous considerations other than an honest dissent. if two-thirds members of a legislature party of a political party agree to merge with another political party then it ..... political party i.e. ucpi. the secretary of punjab state committee of ucpi wrote to the speaker of the assembly that the political party ucpi never passed any resolution with regard to its merger with congress (i) and that the 2nd respondent joined congress (i) on his own and, therefore, the 2nd respondent incurred disqualification to continue as member of the legislative assembly ..... court is entitled and bound to ascertain for what purposes and between what persons the statutory fiction is to be resorted to'in st. aubyn and ors. v. attorney general, 1952 appeal cases 15 it has been observed by lord radcliffe as follows:-'the word deemed is used a great deal in modern legislation sometimes it is used to impose for ..... in its claim, head office, office bearers, members or any other material shall be communicated to the election commission. basing on the provisions contained in the representation of people act, the learned counsel argued that the merger of a political party with another political party should be intimated to the election commission, as no intimation, as envisaged under section 28 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-10-1997
Reported in : AIR1997SC1711; JT1997(1)SC546; (1997)2SCC745; 1SCR138
..... reconstitution of the board and have vested that power in the state government. the state legislature having been aware of that existing law and practice in that behalf, chose to enact the act empowering the governor to act under the act. the general clauses act, though would apply in interpretation of the constitution, does not ..... 7 prescribes term of office of the members for a period of three years from the date of nomination made under section 5. disqualifications for membership of the board are enumerated in section 8 which envisages that a person shall be disqualified for being nominated as a member ..... and reasons therefore. it is only an exercise of the control envisaged by the amendment of section 16d (3) of the act with a view to prevent appointment of unqualified persons. the power under section 16d(4) entrusted to the authorised controller was merely of management. management of ..... held that the word 'compensation' must mean a full and fair money equivalent. the same ratio was followed in state of bihar v. kameshwar singh : 1scr1020 . the constitution (5th amendment) act was made in 1955 amending article 31(2) and also introducing articled 1(2a). it would, therefore, be ..... in hardwarilal's case (supra), a full bench of the punjab and haryana high court was to consider whether the governor in his capacity as the chancellor of maharshi dayanand was to act under maharshi dayanand university act, 1975 (haryana act no. 25 of 1975) in his official capacity as chancellor .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-04-1997
Reported in : AIR1998P& H133; (1998)118PLR222
..... . it is well known that polygamy was a recognized institution to hindu religion and practice. the bombay prevention of hindu bigamous marriages act, 1946 had been passed. the division bench of the bombay high court in the case state of bombay v. narasu appa mali, air 1952 bombay 84, held that such a legislation by virtue of which hindus were to become monogamists does ..... may not have a roof over their heads to live.17. the legislature has rightly come forward by imposing reasonable restrictions in the interest of the state. it has enacted section 175(1)(q) to curb the menace of population growth by imposing certain restrictions, in the shape of disqualifications on the members of the local bodies such as panchayati raj and municipalities ..... state on the ground that it contrasts with a law of another state on the same subject. these provisions are neither discriminatory; nor does it contemplate a law ..... the restrictions on having more than two children which was incorporated in section 19(l) of the panchayati raj act, 1994. in air 1954 sc 493 (state of madhya pradesh v. g.c. mandawar) and air 1988 sc 485 (sant lal bharti v. state of punjab), the supreme court held (para 5):--'article 14 does not authorise the striking down of law of the .....Tag this Judgment!