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Dagdu Vithoba Patil Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1967)69BOMLR767; 1968MhLJ129

..... rules, 1966, which have been framed by the government of maharashtra in exercise of the statutory powers conferred upon it by section 17(2) read with section 321(2) of the act, it is provided that for the purpose of holding a general election the collector shall by order in form i appoint the last date, time and place for making ..... section 11, however, provides that the electoral roll of the maharashtra legislative assembly prepared under the provisions of the representation of the people act, 1950, and for the time being in force on such date as the director may by general or special order notify (being a date not earlier than one month from such notification), ..... opinion, overlooks that in the first place rule 2(33) of the act defines 'population' to mean the population as ascertained at the last preceding census of which the relevant figures have been published. ..... it is not open to the petitioners, while seeking to exercise a right conferred by the act, to complain that the director has taken into account the figures of population disclosed by the 1961 census in fixing the wards in the municipal area.18. ..... a municipal election held under the act depends on a variety of factors closely connected with the population of the local area and the population has to be ascertained by reference to the census of 1961. ..... , the test of population prescribed in sections 3(1), 4(1) and '9(2)(a) of the act has to be answered by reference to the population figures disclosed by the census of 1961. .....

Umed Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1977WLN(UC)423

..... the reply of the respondents to the show cause notice, it appears that the objections filed by the petitioner and other persons to the notification issued under section 6 of the %939'act were duly considered by the state government and as there were no special reasons for constituting the local area comprised in the village rani khurd as a municipality and as the population ..... , i am of the view that the admission of this writ petitioner was secured by suppressing the relevant provisions contained in sub-section (22) of section 3 of the 1959 act, and if the said provision would have been brought to my notice on 6-10-1977 the petition would not have been admitted at, all as according to the most recent govt. ..... in view of the clear provisions contained in sub-section (22) of section 3 of the 1959 act, the population mentioned in the most recent government census was only relevant for the purposes of creation of the municipality under section 4 of the 1959 act, & the argument that the population of the village rani khurd was more than 8000 at the time when the impugned order dated august 29;, 1977'wad ..... 1959 act defines 'population' used with reference to any local area as the population according to the returns of the most recent government census for the time being section 5 of the 1959 act authorises ..... purposes of section 5 of the 1959 act is that mentioned in the most recent government census, according to the definition contained in sub-section (22) of section 3 of the 1959 act. .....

L.R. Naik Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1987KAR2521

..... into force on 27th july 1977; that as a result of the increase in the percentage of the scheduled castes and scheduled tribes as a result of the coming into force of the central act, in the census of 1981 the scheduled castes and scheduled tribes would have been entitled to a larger representation and reservation of more seats in the elections; and that the state legislature by enacting the impugned legislation has illegally ..... on 8th january 1987 another statement of objection was filed wherein it is averred that the ascertainment as contemplated under section 5 of the central act has to be i made by the census authority which is an organization under the government of india and not by the state government, i and that the reservation for the purpose of the act has been i made by the state government on the basis of publication i issued by the chief electoral officer, government of karna-taka, bangalore, issued in the ..... every zilla parishad ; that 21.87% of zilla parishad seats and 26.16% of mandal panchayat seats are reserved for scheduled castes and scheduled tribes although i the percentage of the population of scheduled caste scheduled tribe as per 1971 census is 13.93 and as per 1981 census 19.98, that the petitioners are not at all aggrieved by the amendments introduced in the act, and that they have no right to seek direction to the state legislature to provide for reservation in a particular manner. .....

Channala Ramachandra Rao Vs. State of A.P. and Others

Court : Andhra Pradesh

Reported in : 2000(2)ALD652; 2000(2)ALT655

..... learned standing counsel for the commission submitted that the commissioner has already issued notification on 12-2-2000 in exercise of powers under clause (1) of article 243-zg(a) read with section 10-a of the act and various notifications in respect of municipal corporations calling upon the registered voters in the municipalities and municipal corporations to elect members to the wards as well as chairpersons to the respective municipalities ..... detail to meghraj case (supra) and further held as follows :'if we read articles 243-c, 243-k and 243-o in place of article 327 and sections 2(kk), 11-f and 12-bb of the act in place of sections 8 and 9 of the delimitation act, 1950, it will be obvious that neither the delimitation of the panchayat area nor of the constituencies in the said areas and the allotments of scats to the constituencies could have been ..... to substitute its own opinion for that of the legislature or that of the delegate as to what principle and policy would serve the objects and purpose of the act and the merits or demerits of such policy can only be scrutinised with reference to the question as to whether impugned rules fall with in the scope of the ..... of the said category to the total population of the municipality in the descending order having regard to clause 27(a) of section 2 of the act which defines the word 'population' as meaning 'the population ascertained at the last census of which all the relevant and necessary figures have been established. ..... 1948 .....

Ratanlal Nath, Etc. Vs. State of Tripura and Others

Court : Supreme Court of India

Reported in : AIR1997SC1075; JT1997(3)SC148; 1997(2)SCALE331; (1997)4SCC168; [1997]2SCR475; 1997(1)LC647(SC)

..... of the state government or, where no such record is available, on the basis of a local enquiry, which may include house to house enumeration, caused by him for the purposes as aforesaid after consulting where necessary, any portion of the census report, electoral roll of the tripura legislative assembly or any other authenticated record that may be of assistance; (iii) when it is ascertained from the available records that one or more portions of the area of a gram have, in all ..... scheduled tribes and scheduled castes as well as total population of a gram, panchayat samiti area of zilla parishad area shall be determined primarily on the basis of last preceding census of which the relevant figures are published (proviso (i) appended to each of the above sub-rules); and (c) in case where census figures are not available for any area of a gram/panchayat samiti/zilla parishad, the prescribed authority shall determine the population of the scheduled castes ..... the reasoning which has appealed to the high court is that inasmuch as the definition of 'population' contained in the constitution as well as in the act means 'the population as ascertained at the last preceding census of which the relevant figures have been published', the second proviso to sub-rule (3) of rule 3 which provides for looking into some other records in the absence of census figures is outside the purview of the act and the constitution. .....

Kodambakkan Panchayat Represented by Its President Vs. the Inspector o ...

Court : Chennai

Reported in : (1971)1MLJ184

..... appears in the electoral roll for the panchayat shall, so long as it remains in force and subject to any revision thereof which might have taken place and subject, also to the other provisions of this act be entitled to vote at an election; and no person whose name does not appear in such roll shall vote at an election.though the statute uses the words 'estimated population' and 'population' yet ..... as the number of members have to be fixed with reference to population, any question relating to population shall be decided only with reference to such population as ascertained at the last preceding census and the latest figures now available being that relating to the 1961 census, it is claimed that the panchayat can only have a strength of 8 members and no more, as regards the other contention of the petitioner that the panchayat was not consulted, ..... of any part of such village, town or local area for the purposes of the madras panchayats act, 1958, the question shall be decided with reference to the population of such village, town or local area as ascertained at the last preceding census.in this context it is submitted that it is only the population as ascertained at the last preceding census that should prevail for all purposes including that for the fixation of the number of members of ..... purposes of section 20 of the act is termed as the statutory population, then it follows that as per the last census the population was 1001 and as per the act the statutory population was 6,417 .....

A.P. Sarpanchas Association Vs. Government of A.P. and Others

Court : Andhra Pradesh

Reported in : AIR2001AP474; 2001(4)ALT309

..... no.9879 of 2001 (for short the third writ petition) raises the question whether reservation to the members of the scheduled castes and scheduled tribes could be granted in terms of 1991 census on thepremise that their population figures of 2001 census are available.in writ petition no.9889 of 2001 (for short 'the fourth writ petition'), the principle of categorisation amongst the scheduled castes is in question inter alia on the ground that ..... writ petition no.9857 of 2001 (for short 'the first writ petition) raises the question as to whether the provisions of andhra pradesh panchayat raj act, 1994 (for short 'the act') purporting to have been enacted in terms of part ix of the constitution inserted by reason of the constitution (seventy third) amendment act, 1992 should be given effect to as it does not conform in letter and spirit thereon.writ petition no.9862 of 2001 (for short 'the ..... supreme court laid down:it is, true, as contended by sri tarkunde, that if the question as regards the justiciability of the president's satisfaction is not to be considered for the reasons that the ordinance has become an act, the occasion will hardly ever arise for considering that question because by the time the challenge made to an ordinance comes up for consideration before the court. ..... census of population takes place in terms of the provisions of census act, ..... section 2(29) of the act defines 'population' to mean the population as ascertained at the last preceding census of which the relevant .....

State of Bihar and Others Vs. Shyam Yadav and Others Etc.

Court : Supreme Court of India

Reported in : AIR1997SC776; JT1997(1)SC520; (1997)2SCC507; [1997]1SCR249

..... the census operations are conducted by the government of india in accordance with the provisions of the census act, 1948 after an interval of 10 years ..... may 5, 1987 refers to the earlier letters dated april 8, 1982, may 17, 1985 and february 14, 1986, and after setting out the directions given in the letters aforementioned further directions with regard to absorption of retrenched census employees were given as under:(i) the prohibitory orders in connection with not filling the existing vacancies in the state should not be applied in the cases of appointment of such employees; (ii) exemption regarding age limit be extended ..... in these circumstances, we are unable to uphold the impugned judgments of the high court holding that in view of the policy decision taken by the state government regarding their absorption the retrenched census employees of 1991 census operations are entitled to be absorbed in the state services and on that basis the said employees can claim preference or priority in the matter of such appointment in service under the state government.16 ..... in accordance with the directions given by the directorate general of employment and training, new delhi, referred to in the memo of the director of employment and training, bihar dated october 18, 1993; such retrenched census employees should be given priority/relaxation by the employment exchange wherein they are registered in the matter of sponsoring and forwarding their names for appointment against future vacancies.17. .....

Sri Bheemayya Vs. The State Of Karnataka

Court : Karnataka

..... admittedly, no census having taken place in the years 2020-2021 and on the basis of last preceding census the election commission had already undertaken the exercise of delimitation in the year 2015 the present act without a fresh census becomes an act without jurisdiction is the emphatic submission of the learned senior counsel for the petitioners.9. ..... the election commission has not deviated from the census of 2011 for the petitioners to contend that the act of the election commission is in violation of either section 161 or section 122 of the act as the case would be. ..... manmohan, appearing for the petitioners in the connected writ petitions would toe the line of submissions in so far as they concern zilla panchayat and in so far as it concerns taluk panchayat would submit that section 121 of the act which deals with elected members and section 122 which deals with determination of elected members after each census would mean that a process of delimitation to be undertaken only after census figures are in place. ..... as indicated in the case of taluk panchayat, the basis for such alteration is the census of 2011 in terms of amendment to section 121 of the act with effect from 25.02.2016. ..... on the basis of census report of 2011 the rural population of chikkanaikanahalli taluk was 1,88,901 and in terms of section 121 of the act as it existed prior to amendment in the year 2015 19 seats were allotted to chikkanaikanahalli taluk. .....

Utah Vs. Evans

Court : US Supreme Court

..... madison made this point clear during debate of the first census act when he noted the difficulties "attendant on the taking the census, in the way required by the constitution, and ..... not dispute that, even if appellants were to succeed in their challenge and a court were to order the secretary of commerce to recalculate the final census, their injury would not be redressed "unless the president accepts the new numbers, changes his calculations accordingly, and issues a new reapportionment statement to ..... during debate over the first census act, james madison made such a distinction, noting that the census would provide an "exact number of every division" ..... , concurring in part) (noting that the census acts of 1810 through 1950 required census workers to "visit each home in person"); see also ..... bureau already was engaged in what it called "sampling," a practice that then involved asking a small subset of the population subsidiary census questions about, say, automobiles, telephones, or dish- 469 washers, and extrapolating the responses to produce national figures about, say, ..... by the history of the constitutional convention of 1787, which demonstrates that "actual enumeration" does not limit census methodology as utah proposes, but was intended to distinguish the census from the apportionment process for the first congress, which was based on conjecture rather than a deliberately taken count ..... 12, 21 (1948) (all indicating that nonrandom selection methods may be used for sampling); see .....