Judgment Search Results Home > Cases Phrase: delimitation amendment act 2003 section 4 amendment of section 8 Court: orissa Page 1 of about 5,047 results (0.080 seconds)

Basudev Khadanga Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : AIR1973Ori136

..... the seats of the orissa legislative assembly in february-march, 1971. in view of the latest amendment to article 334 of the constitution, reservation of seats continued and under the delimitation commission act. 61 of 1962, delimitation of constituencies had been made as a result whereof, the jaganath prasad constituency was made a reserved ..... contention no. 3-- this contention is on the footing that the amendment to article 334 is even if in order, the delimitation is bad. under central act 61 of 1962, the delimitation has been made and on the principles laid down under the act, the commission has reserved the jaganath prasad constituency for scheduled castes. ..... and his counsel raises the following contentions-(1) the amendment made by parliament was without authority of the constitution; (2) the amendment offends the provisions of article 15(1) of the constitution, and (3) the provisions of section 9 of the delimitation commission act are ultra vires article 14 of the constitution. we .....

Abdul Hamid Vs. Bora Tataya and ors.

Court : Orissa

Reported in : AIR1951Ori153

..... every lease is assignable, will apply. i am, therefore, unable to accede to the argument of mr. mukherji, learned counsel for the resp, that the amendment act x (10) of 1946 is 'ultra vires' the provincial legislature as it affects transfer of non-agricultural lands. learned counsel had ultimately to concede that, having ..... transferability conferred by schedule 0 a. this right of transfer was, however, expressly negatived in the case of a service tenureholder as schedule 35 was amended by the same amending act, & the restriction on the right to transfer or bequeath was retained, as before, though the protection against ejectment was conferred by schedule 36 ( ..... tenure. that is precisely the reason why the legislature has deliberately used the expression 'notwithstanding anything in this act' in the opening portion of the amended schedule 36 (1) & also the word 'regulate' in delimiting the extent of the applicability of the provisions. to regulate is to adjust; to direct by rule or .....

Satyabrata Dash Vs. State of Orissa and Two ors.

Court : Orissa

Reported in : 1998(II)OLR14

..... them.'iii. orissa municipal (delimitation of wards. reservation of seats and conduct of elections) rules. 1994.(rule 67)'67. reservation of offices of the chairperson of the municipality by rotation -(1) for the purpose of election to the municipalities for the first time after the orissa municipal (amendment) act, 1994 ((orissa act 11 of 1994) comes ..... of backward class citizens. accordingly, the state legislature of orissa while enacting the act, in section 11 provided for reservation of seats for backward class citizens. by orissa municipal (second amendment) act, 1996, clause (a) of subsection (3) of section 47 was amended, and, for the words 'in the state bears to the total population of ..... the allotment of seats to such constituencies made under article 327 of the constitution, and that an examination of sections 8 and 9 of the delimitation commission act showed that the matters therein dealt with were not subject to the scrutiny of any court of law. there was a very good reason for .....

Baneswar Biswal Vs. State Election Commissioner and ors.

Court : Orissa

Reported in : 83(1997)CLT494; 1997(I)OLR310

..... holding of panchayat as wail as municipal elections by the constitution, parts ix and ix-a of the constitution were introduced by the constitution (73rd amendment) act, 1992 and (74th amendment) act, 1992. by these two parts, it was intended to take democracy to the grassroot level. part ix deals with constitution of panchayats, composition of ..... the constitution enacts a bar on the interference by the court in electoral matters including the questioning of the validity of any law relating to the delimitation of the constituencies or the allotment of seats to such constituencies made or purported to be made under article 243k and the election to any panchayat, ..... a dispute relating to election. the said provision reads as follows :'243o. notwithstanding anything in this constitution-(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under article 243k, shall not be called in question in any .....

Prahalad Jena and ors. Vs. State

Court : Orissa

Reported in : AIR1950Ori157

..... in exercise of their powers under section 2 (1) (a) read with section 4, orissa maintenance of public order act, 1948 (hereinafter referred to as the orissa act) as amended by the amending act (orissa act vi [6] of 1949). the applications were filed before the commencement of the constitution and the legality of the detentions ..... order entitled 'the preventive detention (extension of duration) order, 1960' made on 26th january 1960 read with orissa maintenance of public order aot, 1948, as amended by the amending act (orissa act vi [6] of 1949). the orissa aot is impugned as wholly void being repugnant to, and inconsistent with the provisions of article 22, clauses (4), ..... holding that both sections 3 and 4, orissa act have been rendered void by article 13. 29. what remains, therefore, is section 2 (1) (a) which empowers the provincial government to detain a person. the scope of a law providing for preventive detention is, however, delimited by article 22(4) of the constitution which .....

State Election Commission Vs. State of Orissa and ors.

Court : Orissa

Reported in : 106(2008)CLT805

..... 2008, the municipal commissioner, bhubaneswar municipal corporation furnished the proposal of the delimitation of wards and reservation of seats in respect of that corporation and after obtaining government order, the draft notification under sub-section (1) of section 60 of the orissa municipal corporation act, 2003 read with rule-3(1) of orissa. municipal corporation (division of ..... for its first meeting and no longer:provided that a municipality shall be given a reasonable opportunity of being heard before its dissolution.(2) no amendment of any law for the time being in force shall have the effect of causing dissolution of a municipality at any level, which is functioning immediately ..... before such amendment, till the expiration of its duration specified in clause (1).(3) an election to constitute a municipality shall be completed,-(a) before the expiry of .....

Dhruba Charan Jena, Kendrapara and Another Vs. State of Orissa and Oth ...

Court : Orissa

..... a nutshell is that five year term of kendrapara municipality was to complete on 29.11.2011. as required under section 12 of the orissa municipal act, 1950 (for short, act, 1950 .) and the orissa municipal (delimitation of wards, reservation of seats and conduct of election) rules, 1994 (for short, rules, 1994 .), general election to kendrapara municipality was to be ..... are reserved for sc, out of which 1/3rd number of seats has been reserved for s.c. women which comes to one. while selecting as per 74th constitution amendment, reservation for sc in last two elections will be taken into account and these wards will be left for selecting sc category in the coming election. one seat is ..... already reserved for coming election i.e. ward nos. 6 and 8. applying the principle of rotation as per rules 3 and 4 of 1994 read with 74th constitutional amendment, the 14 reservation for bcc(w) has been done as per law. referring to the judgment of the apex court in the case of anugrah narain singh and .....

Polaki Kotesam and ors. Vs. S.M. Patnaik, I.A.S. Registration Officer ...

Court : Orissa

Reported in : AIR1954Ori87

..... and matters connected therewith. elections to parliament is mentioned in entry 72 of the union list (list i of schedule 7). this comprises not only the delimitation of constituencies and allocation of seats, but also prepa-ration of electoral rolls and all other matters necessary for securing the due constitution of the legislature. ..... article 326 parliament is vested with the power to make laws with respect to all matters relating to elections including the preparation of electoral rolls, the delimitation of constituencies all other matters necessary for the due constitution of house of legislature. article 328 vests a, similar power on the state legislature to make ..... election commission may, for the purpose of any subsequent annual preparation of the electoral roll for any constituency under section 23 of the act, direct the preparation of a list of amendments to the electoral roll for such constituency for the time being in force, for its publication under rule 9, and the provisions of .....

ismail and anr. Vs. State of Orissa

Court : Orissa

Reported in : AIR1951Ori86; 16(1950)CLT209

..... mean a judicial tribunal. any impartial tribunal will meet the requirement.15. to conclude, i find that there is nothing in the impugned act which would guarantee that the restrictions sanctioned under it are reasonable. we are not concerned with the reasonableness of particular order restricting the movement of ..... of the restrictions. the difference of views consisted in that, according to the majority view, the absence of the aforesaid provisions in the impugned act would make the restrictions unreasonable or not reasonable, while, according to the minority, denial of such a procedural right would not make the restrictions, ..... delimitation did not afford a person the essentials of due process as to legal procedure. about the eighties the supreme court brought into existence the constitution guarantee of personal liberty by extending the due process clause to matters of substance :'prior to that time there had been no such guarantee. there had been a due process clause, in the 5th amendment .....

Raghunath Misra Vs. Kishore Chandra Deo Bhanj and ors.

Court : Orissa

Reported in : AIR1958Ori260

..... election cf the returned candidate has been materially affected as provided in clause (d) of sub-section (1) of section 100, section 100 of the act, as amended by act 27 of 1956 under which the improper rejection of a nomination was placed on a different footing from the improper acceptance of a nomination (sic). section 100 ..... the banpur candidate the constituency was changed from a single-member constituency to a double-member constituency by tacking banpur to daspalla with the help of the delimitation commission.it was mentioned that pandit godavaris misra had not raised any protest before the commission or criticised it in any public meeting to the tacking of ..... misra as the representative of banpur in the legislative assembly. it attacked him for not completing the salia project and not for opposing the proposal of the delimitation commission to tack daspalla and nayagarh with banpur. the allegations made in the pamphlet are mere matters of opinion and not assertions of any fact in .....