Judgment Search Results Home > Cases Phrase: himachal pradesh panchayati raj amendment act 2015 Page 1 of about 1,907 results (0.243 seconds)

State of Himachal Pradesh and ors. Vs. Surinder Singh Banolta

Court : Supreme Court of India

Reported in : AIR2007SC903; 2006(12)SCALE571; 2007AIRSCW602

..... pursuant to the constitutional mandate as noticed hereinbefore enacted the himachal pradesh panchayati raj act, 1994 (for short 'the act'). ..... the deputy commissioner, shimla district alleging that as he, having been declared an encroacher within the meaning of the provisions of sections 4 and 7 of the himachal pradesh public premises (rent recovery and land eviction) act, 1971 was disqualified to hold the elected post and, thus, should not be allowed to continue therein. ..... be unauthorized occupant of a land measuring 13 biswas in terms of the provisions of the himachal pradesh public premises (rent recovery and land eviction) act by the collector, sub-division, theog. ..... dispute that a proceeding under the himachal pradesh land revenue act was initiated against respondent no. 1. ..... interpreting the aforementioned provisions, a division bench of the himachal pradesh high court opined that the order dated 27.06.2002 passed by the deputy commissioner is not sustainable in ..... behalf of the appellants would submit that although the provisions of section section 163 are ordinarily required to be taken recourse to but having regard to the fact that in terms of sub-section (2) of section 122 of the act, the question as regards declaring a candidate as disqualified may arise not only before an election is held but also after the election process is over; and thus, whereas in the former case, it will be the ..... constitution of india was inserted by constitution (seventy-third amendment) act, 1992. .....

Chamaru Etc. Vs. Khazan Singh Etc.

Court : Himachal Pradesh

Reported in : AIR1978HP58

..... section 238 of the himachal pradesh panchayati raj act provides for a revision to the sub-divisional judge from any order or decree passed by the nyaya panchayat in a case ..... came on for hearing, before one of us, a question was raised whether the addition of clause (5) in article 227 of the constitution by the constitution (forty-second amendment) act had resulted in depriving this court of its jurisdiction to interfere judicially in respect of judgments and orders of inferior courts. ..... hold that the amendments introduced in article 227 of the constitution by the constitution (forty-second amendment) act do not affect petitions filed under art, 227 of the constitution before the amendments were brought into ..... accordingly, we hold:(1) article 227 as amended by the constitution (forty-second) amendment act, 1976 does not govern petitions filed under ..... in respect of a petition under article 227 as are to be found in section 58 of the amendment act in respect of petitions under article 226.11. ..... ' subsequently, the constitution (forty-second amendment) act, 1976 was enacted, and section 40 thereof, which was brought ..... no other provision in the amendment act which leads to a contrary ..... section 40 of the constitution (forty-second amendment) act from which retrospective operation can be attributed to those amendments. ..... this and the connected petitions were filed in this court before february 1, 1977, the amended article 227 does not come into play and the petitions are governed by article 227 .....

Manoj Kumar Vs. Lalita Devi and ors.

Court : Himachal Pradesh

Reported in : II(1997)DMC533

..... it is seen that there are at least three decisions of this court under the provisions of earlier himachal pradesh pan- chayati raj act, 1968, as amended by himachal pradesh panchayati raj (amend- ment) act, 1977 (act no. ..... suffice it to point out that the himachal pradesh panchyati raj act, 1968 (act 19 of 1970) was repealed by the himachal pradesh panchayati raj act, 1994 (act 4 of 1994). ..... the question referred to is :'whether in the face of the provisions of sections 2(6) and 2(32) of the himachal pradesh panchayati raj act, 1995 the cases under section 125 of the criminal procedure code, which were pending on the date of coming into force of the act before courts, are liable to be transferred in the absence of there being any specific provision in the act ?'2. ..... the himachal pradesh act gives a concurrent jurisdiction for the disposing of such an application and granting a maintenance allowance not exceed ing one hundred rupees per month to the nyaya panchayat ..... 1625, that on the passing of the panchayati raj act, 1994 the cases pending before the judicial magistrate shall be transferred to the gram panchayat.3 ..... panchayati raj act no ..... the contention urged on behalf of the petitioner in this case is that after coming into force of the said act, no proceeding can be filed before a judicial magistrate under section 125 of the criminal procedure code and even if any proceeding has been pending before such a judicial magistrate, it has to be transferred to the concerned panchayati court. .....

Bhupinder Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (1997)117PLR334

..... in conformity with the object of seventy-third constitutional amendment for taking democracy to the grassroots, 1952 punjab act was repealed by punjab panchayati raj act, 1994 (hereinafter referred to as '1994 panchayati raj act'). ..... section 211 of the panchayati raj act is pari materia with article 243(e) of the constitution of india vide which provision has been made prohibiting the amendment of any law in force, effecting or causing dissolution of panchayats functioning before such an amendment till the expiration of its ..... the questions were answered on the assumed premises that the declaration of the village, for which the gram panchayat was constituted under the relevant statute in the state of himachal pradesh, as notified area, subject to the condition provided by the statute, is an administrative act and hence, the administrative authority was required to be satisfied with respect to the conditions imposed by the statute, the act being administrative, the observance of principles of natural justice was held to be essential. ..... we may hasten to add, in the judgment relied upon by the hon'ble single judge, in fact, the controversy was that the statutory provisions of law providing for the process of extension of the municipal act under section 256 of the himachal pradesh municipal act, were not complied with. ..... state of himachal pradesh and others, air 1987 sc 1239 to contend that declaration of a particular area as notified area under the act is an administrative decision .....

Angdui Norbu and Others Vs. State of H.P. and Others

Court : Himachal Pradesh

..... in terms of the mandate under article 243-c of the constitution of india, the state of himachal pradesh has enacted the himachal pradesh panchayati raj act, 1994, .. ..... the himachal pradesh panchayati raj (election) rules, 1994, under chapter ix, have provided for election of chairman and vice-chairman of panchayat samiti. ..... chairman or the vice-chairman or both, as the case may be: provided that if, owing to a natural calamity of great severity or a grave situation of law and order or a war or aggression by another country against india affecting the relevant area in himachal pradesh or any other cause beyond human control, it is not possible to hold such meeting within seven days, the government may allow such meetings to be held after seven days, but no later than thirty days after ..... it took more than 40 years to give a meaningful translation of that principle, by introducing the 73rd amendment in the constitution in the year 1992, providing for the conferment of powers on local self government institutions, in the process of de-centralization of democratic institutions and providing for greater accountability between the citizens and the state. ..... it will be profitable in this context, to refer to the legislative intent as reflected in the statement of objects and reasons for the 73rd and 74th amendments, which read as follows: 73rd amendment: 1. ..... rule 85, as amended to the extent relevant, reads as follows: 85. ..... 74th amendment. 1. .....

Devinder Singh Vs. Deputy Commissioner and ors.

Court : Himachal Pradesh

Reported in : AIR2010HP33

..... to be noted that the said provision does not contain a proviso for giving an opportunity to the petitioner, as specifically provided under section 165 of the himachal pradesh panchayati raj act, 1994, bereft of such a proviso only, the apex court held that the verification should be strictly in terms of order vi, rule 15, code of ..... has also to be seen that expression under section 165 of the act 'prescribed manner' has also to be understood in terms of section 2(30) of the himachal pradesh panchayati raj act, 1994 as prescribed by the rules made under the act. ..... , the provision regarding verification of election petition under the himachal pradesh panchayati raj act is only a legislation by reference. ..... rules 94 and 95 of the himachal pradesh panchayati raj (election) rules, 1994 (hereinafter called, 'the rules') provides for procedure of presentation ..... learned counsel for the appellant contends that since the panchayati raj act itself has prescribed the consequences of the defects under section 165, the defective election petition should be ..... defect is that there is no separate affidavit as required under order vi, rule 15(4), a separate affidavit in support of the pleadings, as required by the amendment introduced with effect from 1st july, 2002 by the amendment act no. ..... contention that the amendment to cpc introduced with effect from 1st july, 2002 as per rule 15(4) in order vi providing for an affidavit apart from verification does not apply to the panchayati raj act, 1994, cannot .....

Bhanwar Lal Mundra and Others Vs. The State of Rajasthan and Others

Court : Rajasthan Jodhpur

..... there is no provision under the rajasthan municipalities act, 2009, the rajasthan panchayati raj act, 1994 and the constitution of india to de- ..... committee, tulsipur (air 1980 sc 882) and baldev singh v/s state of himachal pradesh (air 1987 sc 1239), the issuance of notification is a legislative act, which cannot be reversed under section 21 of the general clauses act. 15. ..... it is submitted that the transition from rural to urban area, as envisaged in part ix-a of the constitution of india amended by the constitution (seventy-fourth amendment) act 1992 with effect from 1.6.1993 provides for a nagar panchayat to be constituted a transitional area, in transition from a rural area to an urban area, a municipal council for a smaller urban area and a municipal corporation ..... against the constitutional scheme as envisaged by the seventy-fourth amendment to the constitution of india providing for constitution of the municipalities under article 243q inserted in part-ix-a by the constitution (seventy-fourth amendment) act, 1992 with effect from 1.6.1993. ..... declared unconstitutional being violative of article 21 and article 243q in part-ix-a of the constitution of india as inserted by constitution (seventy-fourth amendment) act, 1992 with effect from 1.6.1993. ..... the seventy-fourth amendment of the constitution of india recognized this path of progress of the rural areas in india and has added part- ix-a by the constitution (seventy-fourth amendment) act, 1992, in which, article 243q provides .....

Bhanwar Lal Mundra and Ors Vs. State of Raj. and Ors

Court : Rajasthan Jodhpur

..... there is no provision under the rajasthan municipalities act, 2009, the rajasthan panchayati raj act, 1994 and the constitution of india to de-notify a gram panchayat. ..... further, the power under section 101(1) of the rajasthan panchayati raj act, 1994 can be exercised only after giving one month's notice as prescribed in the rules. ..... we also find that section 101(1)(a) of the rajasthan panchayati 14 raj act, 1994 speaks of a local area whether whole or a part within the limits of a municipality to be declared by a notification as panchayat circle, and not the whole of the area of the municipality. ..... v/s the notified area committee, tulsipur (air1980sc882 and baldev singh v/s state of himachal pradesh (air1987sc1239, the issuance of notification is a legislative act, which cannot be reversed under section 21 of the general 8 clauses act.15. ..... it is submitted that the transition from rural to urban area, as envisaged in part ix-a of the constitution of india amended by the constitution (seventy-fourth amendment) act 1992 with effect from 1.6.1993 provides for a nagar panchayat to be constituted a transitional area, in transition from a rural area to an urban area, a municipal council for a smaller urban area and a municipal corporation for a larger urban ..... date of order::- 13th.5.2015 present hon ble chief justice mr.sunil ambwani hon ble mr.justice banwari lal sharma mr.m.s.singhvi, sr.advocate with ) mr.hemant dutt )-for the petitioners. .....

Sharanjit Kaur and anr Vs. State of Punjab

Court : Supreme Court of India

..... , himachal pradesh panchayati raj act, 1994, jammu and kashmir panchayati raj act, 1989, madhya pradesh panchayat raj avam gram swaraj adhiniyam, 1993, uttar pradesh panchayat raj act, 1947 and bihar panchayat raj act, 1993 which contained various provisions relating to nyaya panchayats in the concerned state. ..... notwithstanding anything in this part, any provision of any law relating to panchayats in force in a state immediately before commencement of the constitution (seventy third amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature other competent authority or until the expiration of one year from such commencement whichever is earlier: provided that all the panchayats existing immediately before such commencement shall continue till the ..... , part ix relating to panchayats has been added by the constitution 73rd amendment act, 1992 which defines the gram sabha and panchayat as under:- 243(b) gram sabha means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level; ..... the new act of 1994 was enacted with the statement of objects and reasons to bring together the institutions like the panchayat samitis, zila parishads and panchayats by a comprehensive and unified enactment consequent upon the constitutional changes made in the constitutional 73rd amendment act, 1992. .....

Amar Nath Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1982HP123

..... the petitioner filed an election petition under section 168 of the himachal pradesh panchayati raj act, 1968 (referred to as the act). ..... ramesh chand, learned counsel for the petitioner, contends that though the amendment asked for was indeed a belated one but, in the interest of justice, it should have been allowed and the party compensated in terms of costs ..... even on the question whether the amendment sought for is relevant or not, my attention has been invited to section 9 (5) (g) of the act which prescribes the disqualification. ..... it was observed that if the petitioner had asked for amendment by introducing a ground for setting aside the election which was not found in the original petition, that amendment could not have been allowed. ..... it was found that the amendment sought to be introduced in respect of the alleged disqualification of the successful candidate could have been made a ground for setting aside the election at the time when the election petition was filed, and that the amendment could not be allowed after the time for filing the election petition had expired.5 ..... from that point of view, the amendment sought was indeed frivolous.8. ..... had allowed the amendment of the election petition so as to introduce a new ground for setting aside the ..... by the application for amendment a new ground for challenging the election was sought to be ..... the application for amendment was filed on 9-7-1980, that is, long after the period of limitation for filing the election petition had expired.3 .....