Court : Punjab and Haryana
Decided on : Jan-20-2006
Reported in : (2006)143PLR81a
..... state election commission.27. it is pertinent to repeat that by virtue of section 228 of the panchayati raj act, the punjab gram panchayat act, 1952, which used to hold that field earlier, has been repealed. we find that in section 6(5) of the repealed act, specific disqualifications 'to stand for election as, or continue to be a sarpanch or a panch', were prescribed by the legislature ..... by express enactment. the court cannot proceed upon the assumption that the legislature has made a mistake, because, there is a strong presumption that the legislature does not make mistakes. it is also well established that a statute ought to be so construed that if it can be prevented no clause, sentence or word is rendered superfluous, void or insignificant ..... were made relating to vinegar in the prevention of food adulteration act, 1954 and rules made thereunder as well as in the essential commodities act, 1955 and the fruit order made thereunder, it held that the prevention of food adulteration act, 1954 and the rules framed thereunder were not impliedly repealed by the above stated later act of 1955. the court held that, ..... 'if the adulteration act or rules, impose some restrictions on the manufacturer, dealer .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-09-2006
Reported in : 2006(6)ALLMR459; 2006(6)BomCR690
..... 5(1) would show that this could be on account of death, on account of disqualification which a person may incur and as set out in section 7 of the act. other circumstances are a voluntary act on the part of a president resigning or incurring disability which prevents him from functioning as a president. before this court in hindurao balwant patil and anr ..... be determined on the basis of what is provided by its clear language, with due regard to the scheme of law. observing further, the court stated that scope of the legislation or the intention of the legislature cannot be enlarged when the language of the provision is plain and unambiguous. in other words statutory enactments must ordinarily be construed according to its ..... in the case of jagdev singh v. the registrar, co-operative societies, haryana and ors air 1991 p & h 149 that case is also under the provisions of punjab co-operative societies act. neither rules nor bye-laws provided for the motion of no confidence. the learned full bench relied on the judgment of this court in hindurao v. krishnarao, and the ..... . the issue decided by learned division bench in hindurao also came up for consideration before the full bench of punjab and haryana high court in jagdev singh (supra). the learned bench construing provisions, which are similar provisions like the maharashtra co-operative societies act, placed reliance on the judgment of division bench in hindurao balwant patil (supra) and held that in absence .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-03-2006
Reported in : 2006(5)ALD409
..... at least are laid on its plenary character in the exercise thereof. firstly, when parliament or any state legislature has made valid law relating to or in connection, with elections, the commission, shall act in conformity with, not in violation of, such provisions but where such law is silent article 324 ..... elected is dealt with in section 22 and section 22a imposes restrictions on simultaneous or double membership of panchayats, section 23 lays down the disqualifications which disentitle a person to be a member of the panchayat or to continue as such member. then comes section 24 which provides for ..... (4) shall cease to have effect on the expiration of the period specified in article 334.(6) nothing in this part shall prevent the legislature of a state from making any provision for reservation of seats in any panchayat or offices of chairpersons in the panchayats at any level in favour of ..... respondent questioning the power of the returning officer to fix the date of adjourned meeting to elect chairman of panchayat samithi in accordance with the punjab panchayat election rules, 1994. while allowing the appeal, the supreme court observed as under:it is true that the high court exercises a ..... article 136 springs into action. in hari vishnu, 1955-1 scr 1104 : air 1955 sc 233, this court upheld the rule in ponnuswami air 1952 sc 64, excluding any proceedings, including one under article 226, during the on-going process of election, understood in the comprehensive sense of notification down .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-08-2006
Reported in : 2006(14)SCALE199; 2007AIRSCW304; 2007AIRSCW304; (2006)13SCC353
..... maintainable.14. before we deal with the contentions of the parties, it would be appropriate to consider the relevant provisions of the act. part i is preliminary. part ii deals with qualifications and disqualifications for membership of parliament and of state legislatures. while part iii provides for issuance of notifications for elections, part iv relates to administrative machinery for the conduct of elections. conduct ..... this court.46. in charan lal sahu v. neelam sanjeeva reddy : 3scr1 , a larger bench of this court considered the relevant provisions of the presidential and vice-presidential election act, 1952 and held that if the nomination paper of a person is not in consonance with the relevant provisions of the law, he could not be said to be a candidate ..... this term connotes that the process of the court must be used bona fide and properly and must not be abused. the court will prevent improper use of its machinery and will, in a proper case, summarily prevent its machinery from being used as a means of vexation and oppression in the process of litigation- the categories of conduct rendering a ..... assembly from 99, moga constituency scheduled to be held in february, 2002. according to the appellant, the election commission of india issued a notification for holding election in the state of punjab. the last date for filing nomination papers as per the programme was january 23, 2002. the appellant filed his nomination paper as a candidate of the indian national congress .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-13-2006
Reported in : 2006(1)AWC771
..... 27-a (1 )(b) of the act and the state enactment should be held to be unconstitutional. on the contrary the state enactment is well intentioned and in the interest of the local body, has, well been taken care of. besides, it is within competence of the state legislature to make enactments prescribing disqualification of a chairperson. article 243c(5) states that a panchayat of the village ..... expiration of the period specified in article 334. (6) nothing in this part shall prevent the legislature of a state from making any provision for reservation of seats in any panchayat or offices of chairpersons in the panchayats at any level in favour of backward class of citizens.243-f. disqualifications for membership.- (1) a person shall be disqualified for being chosen as, and ..... the matters in list ii. it is true that sections 272 to 276 of the indian penal code deal with punishment for adulteration of articles of food, while the prevention of food adulteration act, 1954 also deals with the same topic. as a procedural facet chapter 18 of the code of criminal procedure, 1973 (for short 'the code') and the relevant provisions ..... pradhan v. union of india air 1999 sc 2814;3. state of punjab v. bhajan singh : 2scr149 ;4. mahendra kumar shastri v. union of india : air1983sc299 ;5. j. prasad v. mukhaiya : 1scr608 ;6. n.p, ponnuswami v. returning officer namkhal constituency : 1scr218 ;7. jyoti basu v. debi ghosal : 3scr318 ; and8. state of u.p. v. c.o.d., cheoki (1997 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-22-2006
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... of our democracy and the principles which sustain it'. the said amendment also added sub-articles (2) to article 102 and 191 that pertained to disqualifications for membership of the houses of parliament and houses of state legislature respectively. paragraph 1 (a) of the tenth schedule also confirms its application to 'house' which has been defined to mean 'either house of ..... to prevent either the legislature of the federal unit or those of the member states from destroying or impairing that delicate balance of power which satisfies the particular requirements of states which are desirous of union, but not prepared to merge their individuality in a unity. this supremacy of the constitution is protected by the authority of an independent judicial body to act as ..... can be created and taken away by parliament and, therefore, must always be subject to statutory limitations.130. in n.p. ponnuswami v. returning officer, namakkal constituency and ors. 1952 scr 218, this court noticed with approval the decision of privy council in joseph theberge and anr. v. philippe laudry (1876) 2 ac 102, and held that the right ..... of the president of india or, closer to the subject, election to fill the seats of 'the representatives of the states' in the council of states.176. in above context, he would cite the following passage from s.r. chaudhuri v. state of punjab and ors. : air2001sc2707 :34. the very concept of responsible government and representative democracy signifies government by the people. .....Tag this Judgment!