Court : Karnataka Kalaburagi
..... took up a plea amongst other grounds that the petitioners have not impleaded all the contesting candidates as respondents in the election petition as required under section 15 clause (2-a) of the karnataka panchayat raj act 1993 (hereinafterwards referred to as the act), and therefore the election petition is not maintainable. ..... 30 pages, but unfortunately it does not reflect any consideration on the most vital aspect as to whether the non-disclosure of the information concerning the appellant's first wife and the dependent children born from that wedlock and their assets and liabilities has materially affected the result of the election insofar as it concerned the returned ..... entire election petition there is no pleading at all that the suppression of the information by the returned candidate in the affidavit filed along with the nomination papers with regard to his first wife and dependent children from her and non-disclosure of their assets and liabilities has materially affected the result of the election. ..... similarly the court would have to decide in each individual case whether the schedule or annexure referred to in section 83(2) constitutes an integral part of the election petition or not; different considerations will follow in the case of the former as compared to ..... first ground is that challenge, if any, to the said decision of the sdm, delhi administration, shahdara (certifying that respondent no.1 belongs to a schedule class), ought to have been made by way of a petition .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the entire reservation has to be done in terms sub-section (2) of section 44 of the karnataka gram swaraj and panchayat raj act, 1993 [ the act for short].. 4.2. ..... (b) xxxxx (c) not less than (fifty per cent) of the total number of offices of adhyaksha and upadhyaksha of grama panchayats in the state from eachof the categories which are reserved for persons belonging to the scheduled castes, scheduled tribe and backward classes and of those which are non-reserved, for women [subject to an overall limit of one half of the total number rounding of to the next number]. ..... thirdly, he submits that there is repetition in the rotation of roster reservation inasmuch as first term for the year 2010 was reserved for st-female for the post of president and general for vice president ..... therefore, the contention is that the reservation from 2010 first term, 2015, 2021 and now has been made only for sc/st and general and no reservation has been made for category-a or category-b ..... there being no dispute that the first step to be taken is the reservation for the sc and st vertically and thereafter horizontally for female among that particular categories, the formula then adopted by the election commission to determine the population per post is also ..... though at the first blush, the reservation of 11 seats for sc and st category, out of 19 seats appears to be more than 50% ..... the first term for the year 2015 was reserved for sc-female for the post of president and st-female for the post of vice president .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... their aged widow mother mehabub bi w/o shaikh ghudu saheb, aged 70 years, residing in village hirapur taluka gulbarga.2) and whereas the only ancestral property of the family of the executants hereto consisting of a house bearing panchayat no.2-188, consisting of 6 rooms and open court-yard in all measuring 75 north-south and 112 east- west, was partitioned among the executants hereto and their another brother abdul hameed, by a memorandum of partition ..... it was further held that those two receipts do not indicate that the amount has been received by plaintiffs no.3 and 4 in lieu of their shares in items no.1 and 2 of the suit scheduled property and mere production of ex.d14 and ex.d23 receipts are not helpful to the appellant-defendant to contend that plaintiffs no.3 and 4 have forfeited their rights in respect of their shares in items no.1 ..... and d23 do not contain the survey number, as noticed earlier, ex.d22 panchayat resolution refers to suit scheduled property items no.1 and 2 in s. ..... referred above the recitals in the said exchange deed clearly indicates that it creates first time right, title in the plaintiff which is not permissible in view of section 118 of the transfer of property act and also sections 17 and 49 of the registration act. ..... 1 in the high court of karnataka r kalaburagi bench dated this the22d day of october, 2020 before the hon ble mr.justice p.n.desai regular second appeal no.868/2007 between ..... private limited, bangalore and another, reported in 1993 (4) kar. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... whether holding of a contractor s licence under the gescom/kptcl would disqualify such holder from standing for election in terms of section 12(g) of the karnataka gram swaraj and panchayath raj act, 1993 and whether holding of a contractor licence amounts to an office of profit ?.2) whether, in the present case, the orders passed by the trial court require any interference at the hands of ..... the petitioner is not holding an office of profit in terms of section 12(g) of the karnataka gram swaraj and panchayath raj act, 1993 (for short, the act of 1993 ) inasmuch as under section 12(h) of the act of 1993, the disqualification is only as regards a candidate who directly or indirectly has any contract or ..... contractor s licence under the gescom/ kptcl would disqualify such holder from standing for election in terms of section 12(g) of the karnataka gram swaraj and panchayath raj act, 1993 and whether holding of a contractor licence amounts to an office of profit ?. 11.1. ..... a perusal of section 12(g) of the act of 1993 would indicate that a person shall be disqualified for being chosen and for being member of the gram panchayat if he holds any office of profit under any local or other authority subject to the control of the central government, the state government or the government of ..... first portion of section 12(h) of the act of 1993 ..... the general seat and respondent no.1 contested for gram panchayati member of chandrabanda-5 gram panchayati under schedule tribe reservation seat/post. .....
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