Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 105 cost of altering repairing and keeping in proper order privies etc Court: allahabad Page 1 of about 2 results (0.150 seconds)

Prem Lal Patel Vs. State of U. P. Through Secretary, Panchayati Raj an ...

Court : Allahabad

Reported in : 2000(3)AWC2159

..... in section 12 of the united provinces panchayat raj act, 1947, hereinafter in this chapter referred to as theprincipal act, after subsection (3), the following subsection shall be inserted, namely :'(3a) notwithstandinganything contained in any otherprovisions of this act, where, dueto unavoidable circumstances orin public interest, it is notpracticable to hold an election toconstitute a gram panchayatbefore the expiry of its duration,the state government or anofficer authorised by it in thisbehalf may, by order, appoint anadministrative committeeconsisting of such number ofpersons qualified to be elected asmembers of the gram panchayat,as it may consider proper or anadministrator and the ..... panchayat raj act and sections 8 and 20 of the u. p. ..... it was submitted by the state election commissioner that the amendment in the panchayat raj act, 1947, by means of ordinance encroaches upon the plenary powers of state election commission with regard to superintendence, direction and control of 3 er elections of panchayats by the state election commission, contained in article 243k of the constitution of india. ..... the view which we have taken is fortified by the pronouncement of a division bench of karnataka high court in professor b. k. ..... the words 'no longer' unequivocally mandates that fresh elections to constitute the next panchayat at any cost must be completed before expiry of the duration of five years of ongoing panchayat.32. ..... 1993. ..... etc. .....

Smt. Meena Devi Vs. State of U.P. and Others

Court : Allahabad

..... panchayat raj act but if such disqualification is earned by a person after filing of nomination paper and declaration of results, then state legislature, if feels, may make law prescribing authority to undergo whether a person is disqualified to continue as a member of panchayat or not and such authority before passing an order disqualifying an elected office bearer of a village panchayat is to obtain opinion of the state election commissioner and such authority shall be bound to act according to such opinion tendered by a state election commissioner and an argument contrary to it is not acceptable to maintain dignity of conduct of election ..... panchayat raj act, 1947 the election of pradhan cannot be called in question except by way of an election petition to such authority within such time and in such manner as may be prescribed on the grounds enumerated under the said section." 13. ..... in paragraph 27 wherein inaction was complained of, on behalf of authorities enjoined upon to decide the issue of caste under section 5 of 1993 act has been dealt with inclusive of the issue of consequence of cancellation certificate as follows: "that was done. ..... iv) issue or pass any other further order as this hon'ble court may deem fit and proper in the circumstances of the case. ..... karnataka urban. ..... v) award cost to the petitioner." 2. .....

Kamla Devi Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009(4)AWC4125

..... the contesting respondent namely anusuiya filed an election petition under section 12c of the panchayat raj act against the said election of the petitioner kamla devi, which was registered as election petition ..... writ petition has been filed by kamla devi, who was elected as the pradhan of the gram panchayat chakmeer fajal ali, tehsil karchhana, district allahabad against the order of the election tribunal/sub-divisional magistrate, allahabad dated 15.10.2008 passed in election petition no. ..... 2008 (2) uplbec 1701 : 2007 (6) awc 5536, the revision filed against the order of recount was legally not maintainable and therefore the order of the district judge refusing to entertain the revision need not be interfered by this ..... after examining the evidence of the parties, the election tribunal recorded its prima facie satisfaction under the order dated 15.10.2008 for directing recount, which reads as follows:eksus i=koyh ij miyc/k lelrk fyf[kr ,oa eksf[kd lk{;ksa dk hkyhhkkafr voyksdu fd;k a i=koyh ds voyksdu ls lakku feyrk gs fd ik{kkssa ds okn&izfrokn; ds dkj.k okn fcunq fufezr fd;k x;k gs a ftldk fulrkj.k fd;k ..... counsel for the petitioner further submits that even if recount in the fact has taken place under an illegal order of recount passed by the election tribunal, the benefit of such recount need not be granted in favour of the election petitioner nor can it be the basis for deciding the election ..... of karnataka and ors. ..... 2008 (105) rd 276 : 2008 (3) awc ..... 2008 (105) rd 480; pratap singh .....

Vajara Yojna Seed Farm and ors. Vs. Presiding Officer, Labour Court Ii ...

Court : Allahabad

Reported in : (2003)1UPLBEC496

..... and not being an order made in the exercise of revisional jurisdiction, and not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) of one judge of the said high court or one judge of any division court, pursuant to section 105 of the government of india act, and ..... panchayat raj act election petition is to be heard and decided in accordance with the statutory rules, namely, uttar pradesh zila panchayat ..... and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the governor general in legislative council, and also of the governor general in council under section seventy-one of the government of india act, 1915, and also of the governor general in cases of emergency under section seventy-two of that act and may be in all respects amended and altered ..... karnataka state civil services act is an act to regulate the recruitment and the conditions of service of persons appointed to civil services of the state of karnataka and posts in connection with the affairs of the state of karnataka ..... does not state under which provision he has decided the matter and where the facts justify filing of petition both under article 226 and article 227 and a petition so filed is dismissed by the single judge on merits, the matter may be considered in its proper perspective in an appeal. ..... privy .....

Rakesh Kumar Sharma and ors. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2004(3)AWC2234

..... , the supreme court was considering the power of the deputy commissioner under section 4 of karnataka zila parishad, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983. ..... -97-rajaswa-5, dated lucknow september 18, 1997, issued in this behalf regarding creation of a new district by the name of auraiya, the governor is pleased to abolish the said district of auraiya and to alter the limits of the existing district of etawah by including areas of tehsils auraiya and bidhuna with effect from the date of publication of this notification in gazette,the governor is further pleased to direct that the jurisdiction of all legal proceedings commenced or pending on the date of ..... 2002 (2) scc 7, the supreme court while considering the nature of power of the state government while issuing a notification under section 3 of punjab panchayati raj act, 1994, for constituting a gram sabha laid down the following principles for classifying the functions in paragraph 7, which is extracted ..... this does not mean that the courts have to abdicate their right to scrutinise whether the policy in question is formulated keeping in mind all the relevant facts and the said policy can be held to be beyond the pale of discrimination or unreasonableness, bearing in mind the material on ..... no order as to costs.142. ..... the standards applied by the courts in judicial review must ultimately be justified by constitutional principles, which govern the proper exercise of public power in any democracy. ..... 105 ..... etc .....

Chhotkan Prasad and ors. Vs. Chief Secretary, Panchayati Raj and ors.

Court : Allahabad

Reported in : 2003(1)AWC353

..... this government order was cancelled on 30th june, 1999 and a fresh government order was issued on 1st july, 1999, after necessary amendment in panchayat raj act was made by u.p ..... when the aforesaid government order was issued, there was no statutory provision in the panchayat raj act empowering the state government to transfer the ..... panchayat raj act as amended by u. ..... the matter was placed before the state minister (independent charge) panchayat raj, uttar pradesh for issuance of the government order who approved the same on 6th june, 2001. ..... the supreme court has held that merely because the chief minister briefed the press on january 31, 1985, as regards the decision taken at the meeting of the council of ministers held on the previous day and the news of the press conference was published in the newspapers to the effect that the government had decided to fill up four posts of the district judges, it could not be said that there was ..... corrigendum was also approved by thestate minister (independent charge) panchayat raj, uttar pradesh on 5th july, 2001. ..... consideration before the apex court in state government houseless harijan employees association (supra), wherein the apex court reaffirming its view in gulabrao (supra), held that there was a conflict between the revenue department and urban development and urban housing department whether proceedings under section 4(1) of the act were to be dropped or not. ..... state of karnataka and ors. ..... however, thereshall be no order as to costs. .....

Chhatrapal Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2003)3UPLBEC2634

..... the court took note of this fact and examined the rules in the light of the provisions of section 14(4) of the panchayat raj act, observing that if the provisions of rule 33-b(2) is held mandatory, it will run, counter to the provisions of section 14 of the panchayat raj act and thus, it was held to be imperative. ..... the ratio of the judgment in gopal tiwari (supra), is not attracted for a case of subordinate legislation, wherein the provisions of the rule were held to be imperative and had itbeen held to be mandatory, the provisions of the rule became liable to be struck down being ultra vires of the statutory provisions ofsub-section (4) of section 14 of the panchayat raj act.26. ..... the provisions of section 14(4) of the panchayat raj act authorise the government for prescribing the procedure for the removal of pradhan. ..... panchayat raj act. ..... present case is quite distinguishable from the said case, the said case had been in respect of the panchayat raj rules which is subordinate legislation and cannot override the statutory provisions contained in the u.p. ..... zila panchayat raj adhikari, 1987 uplbec 718 and debt singh v. ..... panchayat raj rules and the reference was made to a larger bench for the reason that there has been conflict of views in the judgment of the two division benches dealing with the issue in bhola ram kushwaha v. ..... state of karnataka etc. ..... disposal of cases by blindly placing reliance upon a decision is not proper.25. ..... no costs. ..... : (1993)illj965sc ].20. .....

Quadri Begum Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009(4)AWC3608

..... writ in the nature of certiorari is issued quashing the impugned order dated 12.11.2008 passed by the district magistrate, etah/district panchayat raj officer (annexure-8 to the writ petition) with consequential benefits. ..... panchayat raj (removal of pradhans, up-pradhans and members) enquiry rules, 1997 (in short as the 'rules') provides the procedure for filing of complaint against the pradhan or ..... (18) whenever the enquiry officer after having heard and recorded the whole or any part of the evidence in an enquiry, ceases to exercise jurisdiction therein and is succeeded by another enquiry officer, the enquiry officer so succeeding may act on the evidence so recorded by his predecessor or partly recorded by himself:provided that, if the succeeding enquiry officer is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in ..... state of karnataka air 2001 sc 1512; commissioner of income tax, mumbai ..... 7 of the rules provides that while submitting the report the enquiry officer shall record specific finding with regard to certain points keeping in view the facts and circumstances of a case. ..... petitioner, who was elected as gram pradhan of gram panchayat, alipur vikas khand aliganj, district etah, has approached this court under article 226 of the constitution of india feeling aggrieved against the order of removal from the office of pradhan, dated 12.11.2008, passed by the district magistrate, etah under section 95(1)(g) of u.p. .....

Umesh Baijal and ors. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2004(2)AWC1757; (2004)2UPLBEC1235

..... obstacle in a meeting of the municipality in such manner that it becomes impossible for the municipality to conduct its business in the meeting or instigated someone to do so; or(xiv) willfully contravened any order or direction of the state government given under this act; or(xv) misbehaved without any lawful justification with the officers or employees of the municipality; or(xvi) disposed of any property belonging to the municipality at a price less than its market value; or(xvii) ..... panchayat raj (removal of pradhans, up-pradhans and members) enquiry ..... of nagar palika cannot be removed so unceremoniously merely by issuing a show cause notice and asking him to furnish the explanation of the same and unless a fulfledged enquiry is held and he is given an opportunity to defend himself properly, examining and cross-examining the witnesses in a fulfledged enquiry, the question of removal does not arise ..... nand kumar agrawal : jt2000(7)sc302 , while considering the provisions of section 48 of the act 1916, the hon'ble supreme court held that personal hearing is not contemplated in the said provision, though of course, if the authorities think it fit, they ..... karnataka and ..... and circumstances of the case, there shall be no order as to costs ..... and the material/evidence collected by the state government substantiating the said allegations, has to be furnished to the officebearer sought to be removed and if in his explanation, he disputes the veracity thereof or genuineness of any document etc. .....

Kanwar Sahakari Awas Samiti Ltd., Kanpur Nagar Vs. State of U.P. and O ...

Court : Allahabad

Reported in : 1999(2)AWC1408; (1999)2UPLBEC877

..... development and panchayat raj, government of karnataka, bangalore and ..... this court is very reluctant to quash notification issued under section 4(1) and notification under section 6(1) of the act because doing so will cause considerable delay in land acquisition proceedings and the work connected with the establishment of a big scheme like 'new kanpur city scheme' will ..... the affidavit sworn by sri shyam lal singh yadav on 26th august, 1998, it is said :'that the deponent had told the objectors that he will not mind to decide their objections even on holiday and the deponent had requested the kanpur development authority to keep the offices opened even on holidays in the afternoon when the deponent usually visits the office of the kanpur development authority.'24. ..... the authorities cited above, it must be held that the provisions of section 5a(2) of the act and the rules framed thereunder are mandatory and it is incumbent on theland acquisition collector to afford an opportunity of hearing to the objector and also to provide opportunity to lead evidence if the same is demanded ..... affidavit dated 26.3.1998 that the objectors were told that they may come whenever they like even on a holiday and on the other hand, an office order is being produced to show that elaborate steps are required to be taken for opening a office on a holiday ..... state of bihar and others, (1993) 4 scc 255, in which it has been held that affording of opportunity of being heard to the ..... the costs of these proceedings .....