Court : Supreme Court of India
Decided on : Jul-30-2003
Reported in : AIR2003SC3057; 2003(4)ALLMR(SC)707; 2003(4)AWC2920(SC); 2003(3)CTC620; JT2003(6)SC283; (2003)135PLR531; 2003(5)SCALE602; (2003)8SCC369
..... act. hence it is validthe provision is discriminatory?12. it was submitted that though the state of haryana has introduced such a provision of disqualification by reference to elective offices in panchayats, a similar provision is not found to have been enacted for disqualifying aspirants or holders of elective or public offices in other institutions of local self-governance and also not in state legislatures ..... entitled to freedom of conscience and the right freely to profess, practise and propagate religion.(2) nothing in this article shall affect the operation of any existing law or prevent the state from making any law -(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;(b) providing for social ..... would disable a person from contesting for, or holding, an elective statutory office.23. reiterating the law laid down in n.p. ponnuswami v. returning officer, namakkal constituency : 1scr218 , and jagan nath v. jaswant singh and ors., : 1scr892 , this court held in jyoti basu and ors. v. debi ghosal and ors., : 3scr318 , - 'a right ..... directly filed in this court wherein the only question arising for decision is the constitutional validity of the impugned provisions of the haryana act. there were many a writ petitions filed in the high court of punjab & haryana under articles 226/227 of the constitution which have been dismissed and appeals by special leave have been filed in this .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-24-2003
Reported in : (2004)136PLR705
..... alleged to be a 'patit', still holds his rights under these provisions unless he earns a disqualifications stated under section 52 of the act and the competent forum i.e. the board records such a finding. earning of disqualification and its determination by the competent forum is a condition precedent to a person ceasing to be ..... ., thus remove him from such membership for a period not exceeding five years from the date of the removal.12. the scheme of the act clearly shows that legislature has provided an inbuilt machinery for redressal of grievances/complaints of the interested persons before the judicial commission. it cannot be disputed that there is ..... on similar facts. however, for the purposes of clarity and brevity, we are referring to the facts of the case of sucha singh langah v. state of punjab and ors., c.w.p. no. 17853 of 2002.3. petitioner sucha singh had filed this writ petition raising a challenge to the notification dated 5 ..... the high court from special court of bombay called for a review. dealing with the provisions of section 7(1) of the act of 1952 act, which creates a condition that was sine qua non for the trial of the offence under section 6(1) of the said ..... principles of sikhism. because of these acts, the petitioner has become a 'patit'.17. section 45 of the act relates to the condition of eligibility/qualifications for a person to be elected as member of the board. under sub-section (3) of section 45 no person shall be prevented from standing as a candidate for .....Tag this Judgment!