Court : Punjab and Haryana
Decided on : Jul-14-2015
..... ) 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 .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-17-2015
..... 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
Decided on : Dec-10-2015
..... (i) whether the stipulations contained in the impugned amendment are in the nature of prescription of qualifications or disqualifications for contesting the elections under the act; (ii) if the impugned stipulations are in the nature of a prescription of qualifications whether the state legislature is competent to make such stipulations consistent with the scheme of the constitution, as can be culled out from ..... samiti 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 ..... introduced by an amendment in the year 2003. it stipulated that the delhi special police establishment shall not conduct any enquiry or investigation into any offence falling under the prevention of corruption act 1988, alleged to have been committed by certain classes of employees of the central government etc. the said provision was challenged on the ground it was arbitrary and ..... again in the realm of the wisdom of the legislation. we do not sit in the judgment over the same. but we must make it clear nothing in law prevents an aspirant to contest an election to the panchayat to make payments under protest of the amounts claimed to be due from him and seek adjudication of the legality of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-16-2015
..... the issue with the assistance of the most learned and eminent counsel, it is imperative to conclude, that the issue of description of the qualifications ( perhaps , also the disqualifications) of eminent persons is of utmost importance, and cannot be left to the free will and choice of the nominating authorities, irrespective of the high constitutional positions held by them ..... do not question the wisdom or expediency of the legislature enacting a statute, let alone a constitutional amendment.422. in one of the earliest cases relating to the wisdom of parliament in enacting a law, it was contended in a.k. gopalan v. the state of madras. that the preventive detention act, 1950 was unconstitutional. justice das expressed the view ..... transparency and accountability in the matter of appointment are essential for public confidence in the judiciary. in this connection reference has been made to inderpreet singh kahlon vs. state of punjab. which reads as under :- this unfortunate episode teaches us an important lesson that before appointing the constitutional authorities, there should be a thorough and meticulous inquiry and ..... than two, as the parliament prescribes. . constituent assembly debates, 24th may 1949 (vol. viii) . recall the words of jackson, j.in sacher v. united states 343 us1(1952) men who make their way to the bench sometimes exhibit vanity, irascibility, narrowness, arrogance, and other weaknesses to which human flesh is heir. . para 371 (iii) all .....Tag this Judgment!