Court : Allahabad
Reported in : 2000(4)AWC2625; (2000)3UPLBEC2641
..... not holding the elections before the end of the term of the first panchayat, this court in exercise of its power under article 226 of the constitution of india, cannot allow any illegality to perpetuate by directing the members of the first panchayat or its adhyaksha or upadhyaksha to continue till the constitution of the new zila panchayat, when admittedly their term has expired in view of the decision of hon'ble supreme court in council of scientific and industrial ..... is needless to mention that the state government as well as the state election commission, under the mandate of part ix of the constitution of india, have to perform onerous duties to hold the election of about seven lacs members and about 65.500 panchayats at the village level ..... rajendra prasad of the constituent assembly when moving for adoption of the constitution of india, which is reproduced below : 'we have prepared a democratic constitution but successful working of democratic institutions requires in those who have to work them willingness to respect the viewpoints of others, capacity for compromise ..... more or less similar provision exists in article 83(2) and article 172(1) of the constitution of india, pertaining to duration of house of the people and legislative assemblies of state, which are reproduced as under: ..... more or less the same language, which is enshrined in article 243e of the constitution of india, but no where either in the constitution or in the adhiniyam,1961, the term of adhyaksha is mentioned. .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC594
..... part of the legislature of the state and is the executive head of the state and as such is eye and ear of the central government and plays vital role in formation of the governments under article 164 of the constitution of india and reports on all aspects of state affairs to the central government and thus makes functional the federal system of governance; has become greater in exercise of his prerogative conferred by article 164 of the ..... for the reasons recorded separately this court unanimously holds that the impugned presidential proclamation dated 17-10-1996 reimposing presidential rule under article 356 of the constitution of india in the state of utter pradesh subsequently approved by the parliament is unconstitutional, issued in colourable excercise of powers and is based on wholly irrelevant and extraneous grounds and therefore, cannot be allowed to stand, consequently the same is hereby quashed.2. ..... the bleeding reality in the instant case is, that the govornor of uttar pradesh admittedly did not explore the possibilities of formation of elected government by taking aid of articles 175, 176 and other relevant articles of the constitution of india, whereas the members of thirteenth legislative assembly of uttar pradesh are being paid their salary and allowances from the state exchequer.24. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778
..... additional advocate general has vehemently opposed the submissions made by shri chaudhary submitting that the provisions of section 2 of the act, 1861 remain operative by virtue of articles 13, 313 and 372 of the constitution of india, therefore, in spite of the fact that it is a pre-constitution act, the provisions thereof remain operative and the order passed under section 2 of the act, 1861 has statutory force and once the field remains occupied, rules, 1972 have ..... are concerned service conditions which are referable to the act are not replaced by general service conditions for other civilian employees under article 309 of the constitution of india................police force has a special significance in the administration of state and the intent of the framers of the constitution to empower the state government to make rules therefor has its due significance rather than being governed under a general omnibus rule framed under article 309 ..... air 1990 sc 1864, the hon'ble supreme court held that every discrimination does not necessarily fall within the ambit of article 14 of the constitution of india and becomes liable to strike of as every case has to be examined in peculiar facts and circumstances involved therein, otherwise it would create a chaotic situation.74. .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2179
..... as per the scheme of entry 66 of list i and entry 25 of list iii of the seventh schedule of the constitution of india, as discussed earlier goes, it is not possible to countenance the submission of shri salve, learned senior counsel for the medical council of india and other counsel canvassing the same view that the question of short-listing of eligible candidates who were otherwise duly qualified for being admitted to post-graduate courses in medicine is not within the domain of ..... so far as these questions are concerned, it is no doubt true that entry 25 of concurrent list read with article 15(4) of the constitution of india may simultaneously authorise both the parliament as well as the state legislatures to make necessary provisions in that behalf. ..... old entry 11 of list ii, as earlier existing in the constitution of india, read as under:'education including universities, subject to the provisions of entries 63, 64, 65 and 66 of list i and entry 25 of list iii. ..... consequently, article 335 of the constitution of india cannot be itself be applied for regulating the admission of eligible reserved category students to postgraduate medical courses in the seats reserved for them under article 15(4) of the constitution of india.106. ..... the state can make adequate provisions on the topic by resorting to its legislative power under entry 25 of list iii as well as by exercising executive power under article 162 of the constitution of india read with entry 25 of list iii. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3745; 2005(4)ESC2489
..... was open to the executive council and the academic council, which are creature of legislative enactment itself to assert that aligarh muslim university is entitled to the benefits of article 30 of the constitution of india, specifically when academic council and the executive council in control of the university on date have been reconstituted by the amending acts of 1951 read with the amending act of 1965, the ..... in five broad heads by the counsel for the respondents :(a) it is within the legislative competence of the parliament vide entry 63, list-i, schedule vii of the constitution of india to enact a legislation for aligarh muslim university which is declared to be an institution of national importance and therefore the amending act of 1981 is within the legislative ..... to article 30, it would logically follow that the amendments made vide amending act, 1951 and the amending act of 1965, whereby the constitution of the governing bodies was altered by the legislature would ipso facto be rendered void, being hit by article 13 of the constitution of india inasmuch as the amendments made by the act of 1951 and 1965 would violate the rights of the minority institutions vested under article 30 ..... that the law declared by the hon'ble supreme court is binding upon one and all throughout the country in view of article 141 of the constitution of india and it is a matter of little difference as to whether the aligarh muslim university was a party to the proceedings in the case of azeez basha .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP116; 1977MPLJ227
..... 8 to the return of the registrar), issued by the chief justice in exercise of his powers under the aforesaid proviso, earlier orders dated 30-11-1968 were suitably amended, sc as to allow petitions under articles 226 and 227 of the constitution of india challenging the vires of any act or statute or any order or rule made under any statute to be heard by the benches at gwalior and jndore.7. ..... . the jurisdiction of the high court flows from the provisions of article 214 of the constitution of india and the same jurisdiction has been also referred in section 52 of the states reorganisation act ..... the said rules, which are contained in chapters i to vii of the high court rules, are not applicable to writ petitions under article 226 of the constitution because this was a new jurisdiction conferred on the high court after the constitution of india came into force. ..... we may here quote the following observations of their lordships of the supreme court in in re under article 143 of the constitution of india, air 1965 sc 745 at p. ..... . the long history, reference to which was made by both the sides, of the organisation of various high courts in india, goes to show that it was always in the mind of those who constituted these high courts, that in the context of geographical situation of this country it would be difficult to conceive of only one place of sitting of the high court for any state as they were or as they are in this country; and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
..... dated 13-4-2000 was promulgated by the governor of madhya pradesh under article 213 of the constitution of india.by the said ordinance, the definitions of grant, salary and various other aspects were amended ..... (xxii) article 51a of the constitution of india deals with fundamental duties and if the present amendment is tested on the anvil of the said provision, the same cannot be upheld as such an amendment is a step in regression and no citizen can achieve any excellence if ..... the preamble to the constitution of india assures 'justice, social, economic ..... of the matter and in view of the fact that the assembly was not in sessions, the governor of madhya pradesh in exercise of the powers conferred on him by clause (1) of article 213 of the constitution of india promulgated the ordinance no. ..... sc 2178, wherein the constitution bench while dealing with the aspect of right to establish an educational institution came to hold that establishing an educational institution can neither be a trade or business nor can it be a profession within the meaning of article 19(1)(g) of the constitution of india. ..... also been pleaded that the amendment violates the conscience of article 39(d) of the constitution of india and exposes the unprogressive steps by the state legislature which are not to be countenanced as that shakes the bedrock of the constitution.15. ..... life in its ambit and sweep includes the right to livelihood and a meaningful life is the requirement of the article 21 of the constitution of india. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP214
..... of the banned organisations going underground taking advantage of the soft reaction of the adminis-tration, 1 have reasons to be convinced that there should not be any further delay in imposition of president's rule according to article 356 of the constitution of india.xxxxx along with these three letters submitted to the president, letters from the secretary of the governor sent to the chief secretary of the state dated 10th december, 1992 (annexure-m), letter from the dy. ..... before we deal with the main contentions advanced by the counsel for the petitioner on the question of extent of power of the president under article 356 of the constitution of india and the scope of judicial review, it would be necessary to briefly state the factual back-ground in which the impugned proclamation by the president was issued.8b. ..... the learned commentator basu in his silver jubilee edition of his book 'commentary on the constitution of india', vol-in the high court of madhya pradesh at page 32 has the following comments to make :--'the broad category of improper use of the extraordinary power is where it is used for political purpose against a state government which does ..... satisfaction of the president, it would give rise to an inference that there did not exist 'satisfaction' of the president for the valid exercise of the sweeping or drastic power conferred on the president under article 356 of the constitution of india for imposing the presidential rule in state and dissolving its assembly. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... the relevant extract of the report of the said committee which resulted in 73rd constitutional amendments and the resultant insertion of part ix and ix a in the constitution of india reads as under :--'tribal life and economy, in the not too distant past, bore a harmonious relationship with nature and its endowment. ..... on behalf of the state and union of india a preliminary objection has been raised based on the provisions contained in article 243o of the constitution of india stating that the article bars interference by courts in electoral matters of panchayats. ..... this petition under article 226 of the constitution of india shall decide the connected batch of petitions nos. w.p. ..... articles 330 and 332 of the constitution of india envisage a proportional representation for election in the parliament and state assemblies, without mentioning any outside limit. ..... such arbitrary and excessive reservation has resulted in creating a rule of minority in local self government institutions over majority which is not countenanced by rule of equality under article 14 of the constitution of india which is fundamental to the governance country. ..... the bar, however, cannot be read as meaning to curtail the constitutional power of judicial review conferred on constitutional court like high court under article 226 of the constitution of india. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP22; 2007(4)MPHT545; 2008(1)MPLJ152; 2008(1)AIRKarR353(FB)(MP).
..... opinion that supervisory jurisdiction of the high court cannot be equated with the original jurisdiction and, therefore, even if single judge has exercised jurisdiction under article 226 of the constitution of india and issued a writ of certiorari against an order passed by a tribunal or a court then an appeal would not lie.the effect of dismissal of special leave petition arising from ..... are only two implications, firstly, the statement of law contained in the order is a declaration of law by the supreme court within the meaning of article 141 of the constitution of india and, secondly other than the declaration of law, whatever is stated in the order are the findings recorded by the supreme court which would bind the parties thereto and also ..... ) is that when section 2 uses the words 'in execise of its original jurisdiction' the said words qualify the words 'article 226 of the constitution of india' and even if the learned single judge exercises the jurisdiction under article 226 of the constitution of india and issues a writ of certiorari against a court or tribunal an appeal would not lie against such an order passed by the learned single judge ..... and expressed thus:.in umaji case, it was clearly held that where the facts justify a party in filing an application either under article 226 or 227 of the constitution of india and the party chooses to file his application under both these articles in fairness of justice to party and in order not to deprive him of valuable right of appeal .....
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