Judgment Search Results Home > Cases Phrase: maharashtra legislature members removal of disqualifications act 1956 Page 1 of about 188 results (0.087 seconds)

Subhash Desai Vs. Principal Secretary, Governor Of Maharashtra

Court : Supreme Court of India

..... the explanation to section 23 of the maharashtra legislature members (removal of disqualification) act 195613 provides that the chief whip in relation to the maharashtra legislative assembly means a member of the house who has been declared as the whip by the party forming the government; iv ..... on a literal interpretation of the provisions of the tenth schedule, the 1986 rules and the act of 1956, the direction to vote or abstain from voting arises from the political party and not the legislature party for the following reasons: a ..... hence, the plain meaning of the provisions of the tenth schedule, 1986 rules, and act of 1956 indicate that the whip and the leader must be appointed by the political party ..... . the explanation to clause 23 of schedule i in the act of 1956 states that the chief whip is declared by the party forming the ..... . the phrase finds a mention in the act of 1956 as one of the offices that would not be covered within the meaning of office of ..... thus, the speaker by recognising the action of a faction of the sslp without determining whether they represented the will of the political party acted contrary to the provisions of the tenth schedule, the 1986 rules, and the act of 1956 ..... . section 2 of the act of 1956 provides that an mla shall not be disqualified for holding the offices stipulated in schedule ..... decision of the speaker recognising a whip is not excluded from judicial review by the provisions of article 212 of the 12 (1998) 7 scc51713 act of 1956 32 part d constitution. .....

Shantilal Amolakchand Burad Vs. Vijay Ramji Pawar

Court : Mumbai

Reported in : (1986)88BOMLR535; 1986MhLJ713

..... stated that considering the fact that section 73g of the act deals with what are regarded as an important class of societies, it is conceivable that the legislature did intend that the members of the managing committees of such societies should enjoy a reasonably long tenure of office without being hampered by the passing phases of the moods of the members of the society who for no other reason than the ..... procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation, and to provide for the removal and appointment of the committee or its members and other officers and for the appointment of administrator under section 78 and prescribe procedure at meeting of the committee and for the powers to be exercised and the duties ..... 144-f, sub-section (4) of section 144-t, sub-section {1) of section 165 of the act and in exercise of all enabling powers, the government of maharashtra has made rules called the 'maharashtra specified co-operative societies elections to committees rules, 1971', hereinafter referred to as the 'specified ..... the act is easily disposed of by pointing out that the act itself provides for the framing of a rule under which a person shall, on incurring the disqualification mentioned, cease to be a member of ..... operative society can at best have the status of an article of association of a company governed by the companies act, 1956 and cannot be held to be law or to have the force of law. .....

Hariram S/O Phul Singh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 1992CriLJ2135

..... ganuji kolhe air 1975 sc 575, their lordships observed that dictionary meaning was not of much help in construing the term 'honorarium' which was paid to the member of a wage board constituted under bombay industrial relations act, 1946, deciding an issue raised under bombay legislature members (removal of disqualifications) act, 1956. ..... , and importantly, a prohibited exercise cannot be resorted to in enlarging the scope of statutory definition of the term 'primary food', overlooking that clause (xii-a) used the word 'means' and not 'includes' and legislature thereby intended to express its intention to similarly limit the connotation of the expression 'produce of agriculture' by juxtaposing that with the work 'or horticulture', the expression 'in its natural form' qualified separately each of them ..... by empowering the state government to prescribe 'standards' on one and also 'definitions' on the other hand, the legislature evidence did not mean to curtail or impair seriously that power in terms of the proviso to sub-clause (m); the operation of the proviso is to be limited ex hypothesi to the restricted definition of the term 'primary food' and by ..... in its wisdom, the legislature devised ways and means to achieve that objective in the manner contemplated under different provisions of the act by balancing on the one hand requirements of public health and on the other hand, of due process for trial of offenders indulging in activities prejudicial to ..... state of maharashtra air 1966 sc .....

Kadam Rupsing Bhivji Vs. Returning Officer, Municipal Council, Ahmedna ...

Court : Mumbai

Reported in : AIR1998Bom314; 1998(4)ALLMR162; 1998(4)BomCR786; (1998)3BOMLR106; 1998(3)MhLj293

..... disqualifications for becoming a councillor are prescribed in section 16 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (hereinafter referred as 'the municipalities act, for short). ..... moulana abdul shakur was elected to the council of states by the electoral college of ajmer which consisted of 30 members constituting the state legislature of ajmer.he received 19 votes against 7 polled in favours of ihe other candidate who was respondent no. ..... the state government has powers to suspend or remove any member of the board from office as provided in section 10(1) chapter hi of the electricity (supply) act, 1948. ..... merely, because thecommittee or the members of the committee are removable by thegovernment of india or the committee can make bye-laws prescribingthe duties and powers of its employees cannot in our opinion convert theservants of the committee into holders of office of profit under thegovernment of india. ..... the appellant is neither appointed by the government of india nor is removable by the government of india nor is he paidout of the revenues of india. ..... if it were so, then the state government would have powers to appoint or nominate or remove from service any employee of the board. ..... the board is competent to appoint or remove its employees and the employees of the board by no stretch of imagination can said to be employees of the state government and as ' such servants of the government. .....

Sambhaji S/O Ramji Patil Umrekar Vs. District Supply Officer and Other ...

Court : Mumbai

Reported in : 1998(2)BomCR332; 1997(3)MhLj309

..... the legislature thought that when an individual member is removed for his act or omission, he will have to be kept away from the co-operative movements for a certain period and the period has been prescribed in the proviso ..... the said order dated 22-4-1997 rejecting the nomination form came to be challenged by the present appellant under section 152-a of the maharashtra co-operative societies act, 1960 before the divisional commissioner, who by his order dated 30-4-1997 held that though the nomination of the appellant is wrongly rejected by the respondent no ..... it would be far-fetched to construe the said order to mean as an order of disqualification/removal passed against the present appellant under section 78(1)(b) of the act. ..... it appears that the returning officer has held that the appellant has incurred disqualifications as the entire board of directors has been removed under section 78(1)(a) of the act. ..... 'the view that the proviso applies to the members when individually removed for individual act is not based on a mechanical approach that the proviso follows clause (b) of sub-section (1) but it is based on the consideration that the provisions about disqualification will have to be read as a whole and the statute will have to be put to a homogeneous construction ..... the said ground in support of the order rejecting the nomination form is totally baseless as there is no disqualification from contesting elections to any other co-operative societies in the provisions of section 78(1)(a). .....

Krishnakumar S/O Rghunath Shende and anr. Vs. Additional Commissioner, ...

Court : Mumbai

Reported in : 1987(3)BomCR637; 1987MhLJ713

..... the legislature in its wisdom has not laid down any exception to the disqualification incorporated in section 16(1)(h) of the act. ..... to the learned counsel, by the said rule the disqualification, if any, stands removed. ..... also contended that if section 16(1) of the act is read as a whole, then it is quite obvious that holding an office of the assistant government pleader and additional public prosecutor will not amount to a disqualification under the said section. ..... 4 and 5 under sub-section (2) of section 40 of the maharashtra zilla parishads and panchayat samitis act, 1961 (hereinafter referred to as 'the act') holding that the petitioners are disqualified from being councillors of zilla parishad, bhandara ..... it is held that the assistant government pleader or additional public prosecutor is an 'office of profit' under or in the gift of the government, than the conclusion is inevitable that the person holding the said office incurs a disqualification under section 16(1)(h) of the act.10. ..... in the case before us, the petitioners are appointed as assistant government pleaders and additional public prosecutors in the bhandara district and sessions court, under the maharashtra law officers (appointment, conditions of service and remuneration) rules 1939. ..... have to first consider the question whether the members of the gujarat panchayats service are government servants. ..... rule 7 cannot be construed as a provision for removing the disqualification or an exception to section 16(1)(h) of the act. .....

Rameshwari Devi Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1999Raj47

..... card for the occasion.30-9-98:enquiry officer rejected thesaid application for adjournment.30-9-98:arguments of both side counselwere concluded.30-9-98:enquiry officer submittedits report.07-10-98the state government passed theim-pugned order removing the petitioner from the post of thechair-person and declaring her disqualified for a period of five years tocontest any election of4. ..... would have been authorised to pass the order of removal and disqualification or could have simply communicated, the findings. ..... (34) lsg/a-59 dated 11-11-59 prescribing the procedure for holding an enquiry and the salient features of the said notification are as under:--'(3) if the member denies the charge, the judicial enquiry officer shall take such evidence, oral or documentary, as may be produced in support of and against ..... director of municipal administration, 1995 all aihc 3113, wherein the court held that before passing the impugned order of removal of an office-bearer in the municipality on the ground of misconduct, it was mandatory to furnish a copy of the enquiry report and the authority must apply its mind otherwise it would not only be against the ..... the act reads as under :--'removal of member. ..... whatever may have been the intention of the legislature or the government, 'when such intention is translated into a statuteor rule, whether interpretation has been implemented or not, can only be judged by the wordings of the particular provision of such ..... state of maharashtra, 1986 (2) scc 348 : (air .....

Narayan S/O Gujabrao Bhoyar Vs. Yeotmal Zilla Parishad Karmachari and ...

Court : Mumbai

Reported in : 2009(6)BomCR277; 2009(111)BomLR4211; 2009(6)MhLj500

..... (1) whether the cessation of membership under section 73ff(2) is automatic or whether it is necessary to take action and pass an order of removal under section 78 of the maharashtra cooperative societies act, 1960?in other words, it would be necessary to consider whether the consequences of disqualification under section 73ff(1) are distinct from the consequences contemplated under section 78(1) of the maharashtra cooperative societies act, 1960.for the aforesaid reason, it is necessary for the registry to place the matter before the hon'ble, the chief ..... i say 'appear' because, although hart and sachs claim that the interpreter should imagine himself or herself in the legislator's shoes, they introduce two elements of objectivity: first, the interpreter should assume that the legislature is composed of reasonable people seeking to achieve reasonable goals in a reasonable manner; and second, the interpreter should accept the nonrebuttable presumption that members of the legislative body sought to fulfil their constitutional duties in good faith. ..... expulsion, on the other hand, deals with a person who is otherwise qualified, but in the opinion of the house of the legislature, is unworthy of membership, while disqualification operates to prevent a candidate from reelection, expulsion occurs after the election of the member and there is no bar for reelection. .....

Surjitsing S/O. Jeevansing Girniwale Vs. the Commissioner, Nanded Wagh ...

Court : Mumbai

Reported in : 2007(2)ALLMR554; 2007(2)BomCR617

..... the apex court has observed thus:a finding as to disqualification under the maharashtra local authority members' disqualification act has the effect of unseating a person from an elected office held by him pursuant to his victory at the polls in accordance with the democratic procedure of constituting a ..... bench, in para 37 of the judgment, observed thus:sub-section (4) of section 10 of the act is, in fact, nothing short of an additional disqualification provided by the legislature within the meaning of section 10(1)(a-ii)(ii) of the corporations act so that section 11 of the corporations act operates and the councillor shall cease to hold office automatically. ..... is concerned, the petitioner was served with a show cause notice on 28th december 2005, that he had obstructed in the work of removal of encroachment in respect of community centre and, therefore, why he should not be removed from the post of municipal corporation under section 10(1d) of the bpmc act. ..... is restricted only to satisfy himself regarding any unlawful construction and to issue direction for removal of the same. ..... once caste claim of a councillor is invalidated, he shall be automatically seized to be councillor, would also be applicable in case of a councillor who is sought to be disqualified on the ground that he is declared to have made an illegal or unauthorized construction or interfered or obstructed in removal of such construction. ..... situated at town market, and also obstructed in the removal of construction. .....

Sujit Vasant Patil Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2005Bom1; 2004(4)ALLMR537; 2004(5)BomCR497; 2004(4)CTC572; 2004(3)MhLj1109

..... 2001 does not deal with disqualification, but it deals with qualification or its absence and therefore the provisions made by the state legislature in maharashtra act no. ..... question arises as to whether a member of a municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the legislature of a state may, by law, provide.article 243-v empowers the state legislature to prescribe disqualification for a person to continue to be a member of the local self government. ..... it appears that the government resolutions referred to above were issued by the state government so that the collector after receiving decision from the scrutiny committee takes action to trigger mechanism provided in local self-government act for removal of the elected candidate whose social status certificate has been found to be invalid by the scrutiny committee, and in this view of the matter, we do not find that there is any scope of there ..... not holding requisite qualification or because he was disqualified or because he was guilty of any corrupt practice.second type of procedure provided is that if the competent authority finds that an elected candidate is disqualified either for being a member of the council or a panchayat or for continuing to be a member of such council or panchayat, the authority issues a show cause to the concerned candidate and on being satisfied that he is so disqualified .....