Court : Andhra Pradesh
Reported in : AIR2004AP381; 2004(2)ALT604
..... provided that reallocation of seats shall take effect only from such date as the president may by order fix. now, in view of the constitution (eighty-seventh amendment) act, 2003, the delimitation commission has to finalise the delimitation and readjustment of territorial constituencies on the basis of the census figures of 2001, which according to the respondents 2 and 3 will definitely take considerable time ..... be done on the basis of the latest census of 2001 and not on the basis of the 1991 census. accordingly, the constitution (eighty seventh amendment) act, 2003 was brought about by the parliament which provides that delimitation of all parliamentary and assembly constituencies will be on the basis of census figures of 2001. final figures of the 2001 census have been published by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD643; 2008(5)ALT740
..... ) of the constitution of india and section 10(2) of the act also is challenged on the ground that they violate the basic structure of the constitution ..... filed inter alia challenging the final notification dated 31.5.2007 issued by the delimitation commission of india fixing and dividing the territorial assembly and parliamentary constituencies in the state of andhra pradesh in pursuance of sections 8 and 4 of the delimitation act, 2002 as amended by the delimitation (amendment) act, 2004 (the act). in some of the writ petitions the constitutional validity of article 329(a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... of village panchayats, division of panchayat area into wards, allotment of seats etc., relates to delimitation of constituencies and allotment of seats to such constituencies and in view of the provisions of clause (a) of article 243-o of the constitution (part ix as amended by seventy-third amendment act) and, therefore, the high court's approach in adjudicating the issues regarding reservation in ..... after coming into force of the constitution (seventy third amendment) act, 1992 and the constitution (seventy fourth amendment) act, 1992 in pradhan sangh kshetra case (supra), which also arose underclause (a) of article 243-o and anugrah narain singh case (supra) dealt with article 243-zg(a). the apex court categorically held that the delimitation of constituencies and allotment of seats to panchayats and municipalities .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP325
..... by duly publishing it under sec. 8(1) of the act, will have the force of law.(2) if the amendment attaining the force of law as aforementioned, made in the delimitation of parliamentary and ..... . in sum - (1) any delimitation or readjustment and consequential allotement of seat made in the exercise of the powers conferred under sub-section (3) of s. 6 of the scheduled castes and scheduled tribes orders (amendment) act, 1976 and consequential amendment made in the delimitation of parliamentary and assembly constituencies order, 1976 ..... commission reserving '10-salur' constituency for scheduled tribes and containing orders under cl. (d) of s. 6 (1) of the act, causing necessary amendments in the delimitation of parliamentary and assembly constituencies order, 1976 has been published in the gazette of india as well as in the official gazette of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD722; 2001(5)ALT714
..... , jabalpur v. state of up., : air1995all162 , a division bench of the allahabad high court declared some provisions of u.p. panchayat raj act, 1947 as amended by u.p. act 9 of 1994 as ultra vires article 243g of the constitution. the supreme court in pradhan sangh kshetra samiti's case (supra) reversed the judgment ..... special tribunal by means of an election petition and not be made the subject of a dispute before any court while the election is in progress. 8. in meghraj v. delimitation commission, : [1967]1scr400 , a constitution bench again considered the question. after referring to sangram singh v. election tribunal, : [1955]2scr1 and hari vishnu v. ahmed ..... that article 243-o is constitutionally valid as the same has been interpreted by the supreme court as not excluding judicial review and in appropriate case the delimitation of constituencies or allotment of seats to such constituencies can be questioned on limited grounds. 6. in our considered opinion, the question whether article 243 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... the lok sabha and the rajya sabha. after the approval accorded to it by the parliament as a constituent body, the constitution (73rd amendment) act, 1992 came into being. under the amendment act, part-ix of the constitution, including articles 243-a to 243-o and the 11th schedule were incorporated into the constitution. the 11th ..... is that, while, in the latter case, the state as a fully developed and completely constituted body, consciously creates autonomous centers within itself by devolution and delimitation of its own functions, in the former the communal institutions, guilds, and local bodies have an independent origin and growth out of fluid and inchoate conditions ..... democratic reforms case. the validity of this legislative exercise was challenged before the supreme court in pucl and anr. v. union of india and anr., : [2003]2scr1136 , - the second democratic reforms case. the supreme court held the concept of freedom of speech and expression is not static. the felt necessities of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD598; 2006(6)ALT131
..... was accepted that despite article 40, the country failed to organise village panchayats as efficient units of self-government. it is therefore in 1992, by the constitution (73rd amendment) act, 1992, a separate part (part ix) was devoted to panchayats (articles 243 to article 243-o) with a fond hope that there would be lesser legislative and ..... legislature and executive cannot now play the role of meddlesome interlopers in the functioning of the gram panchayats.7. the method and manner of constituting gram panchayats, the delimitation and reservation of wards, elections and duration of the gram panchayats and all perceivable matters are now taken care of by the co. article 40. organisation of ..... law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.(2) no amendment of any law for the time being in force shall have the effect of causing dissolution of a panchayat at any level, which is functioning immediately before such .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP3; 1961CriLJ33
..... and 7 of the said act. as the offences under sections 466, 467 and 420 committed by persons who are not public servants, are not ..... section 7(3) of the criminal law amendment act. the learned judge says at p. 525 thus: '......the special judge is not one of thecriminal courts recognised by the code of criminal procedure. his powers are conferred by and confined to section 6 of the criminal law amendment act (xlvi of 1952) and delimited to certain offences specified in sections 6 ..... by the penal code. in my view, the attention of the learned judge was evidently not drawn to the specific terms of section 7 of the criminal law amendment act xlvi of 1952. it may be stated that section 6 which confers power upon the state government to appoint special judges provides that such judges may be appointed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1988]68STC124(AP)
..... remove the first defect mentioned above. but no provision was made in the amendment act to remove or rectify the second defect mentioned above. 4. it is stated by the learned government pleader that the government has since issued a notification delimiting the jurisdictional areas of these officers and their jurisdiction is confined to certain ..... out that the concurrent jurisdiction is no longer in force now. may be so, but even this would not validate the impugned notice because the notification delimiting the areas of jurisdiction cannot have retrospective effect and would not therefore retrospectively validate the impugned notice. for the above reasons and following the said bench ..... the commercial tax officer having ordinary jurisdiction over the area concerned to take fresh proceedings according to law against the petitioner. section 24-a of the act is relevant in this behalf. 6. the writ petitions are allowed accordingly. there shall be no order as to costs. advocate's fee rs. 150 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD181
..... other water users list.19. to encounter the difficulties in the implementation of the act the state legislature amended the act initially by ordinance no. 10 of 2002 which became a.p. fanners management of irrigation systems (amendment) act, 2003. the act as amended by act no. 7 of 2003 brought radical changes. sections 3, 5 to 8, 10 to 21 and ..... of panchayat area into wards, allotment of seats etc., relates to delimitation of constituencies and allotment of seats to such constituencies and in view of the provisions of clause (a) of article 243o of the constitution (part ix as amended by seventy-third amendment act) and, therefore, the high court's approach in adjudicating the ..... carrying out a survey in the manner prescribed by the rules. these provisions come within the ambit of the phrase 'any law relating to the delimitation of the constituencies and allotment of seats to such constituencies'. the validity of this law cannot be challenged because of the protection given by article 243zg .....
Tag this Judgment!