Court : Punjab and Haryana
Reported in : AIR1959P& H522
..... his attack on the notification dated 30-10-1958.he has submitted that this notification did not comply with the provisions of sections 240 and 258 of the punjab municipal act because there was no previous publication which is mandatory and that the boundaries of one ward were completely changed.5. mr. sikri, learned advocate-general, has, while ..... non-compliance with which invalidated the entire election. it was further held in that case that the relevant provisions of the election rules and the bihar and orissa municipal act do not dispense with the preparation of a separate register of voters, ward by ward, of course, on the basis of the electoral roll of the assembly constituency ..... is further alleged to be null and void on the ground that there is no provision of law for making such a chart and section 240 of the municipal act does not justify the arbitrary selection of voters without any basis and assigning them to a particular ward. the following mistakes are also pointed out in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H170
..... than one in declining interference on the writ side and one of the important factors which weighed with court was the under s. 19 of the rajasthan town municipalities act an appeal is provide to the high court from the decision of the district judge hearing the election petition were the decision is challenged on a point of ..... of the supreme court to which it is no longer necessary to refer. in so far however as interference on writ side with grievances relating to elections to municipal committees or to the panchayats etc. is concerned this court has recently considered the legal position in more cases that one. a division bench in devi ram ..... , panchayat samiti, zilla parishad or any other local authorities as a result of his election having been set aside under rules made under this act or any other enactment for the time being in force relating to municipalities, panchayats or other local authorities; or (k) is disqualified for being elected or coopted as member ; or* * * * * * *.'none of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H99
..... december, 1963 (i. e. the so-called draft rules in the preliminary notification) and in exercise of the powers conferred by section 240 of the punjab municipal act, 1911 (punjab act iii of 1911) and all other powers enabling him in this behalf, the governor of punjab is pleased to make the following rules as to the division of ..... of the scheduled castes by creating double-member constituency wards which are on the lines of the relevant provisions in this behalf contained in the u. p. municipal act set out above, and that these general directions have been closely followed in the present two cases with the exception of one or two inequalities in the hissar ..... .14. in general it seems to me that the court should be reluctant to strike down laws which have stood the test of time, like the punjab municipal act of 1911, and even allowing for the fact that statutory provisions could only be scrutinised by the high courts for the purpose of ascertaining their constitutional validity after .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H430
..... air 1965 sc 1767.51. the order made by the state government in the instant case in pursuance of the power conferred on it by section 238, punjab municipal act, is accordingly of quasi-judicial character requiring observance of the rules of natural justice by affording an opportunity of showing cause against the proposed action. it is ..... provides that if a committee is incompetent to perform, or persistently makes default in the performance of, the duties imposed on it by or under the municipal act or any other act or exceeds or abuses its powers, the state government may by notification, in which the reasons for so doing shall be stated, declare the committee ..... and not mandatory in character. the judgment of bishan narain, j. in that case concluded in the following words:--'taking the object of section 238, punjab municipal act, it appears to me clear that the direction laid down therein as to what the notification should contain is only directory in character and its disobedience does not .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H471
..... so far as the maximum amount of tax imposed therein does not exceed rs. 250/- per annum. it is equally clear that this act does not levy the tax for the benefit of a municipality, district board, local board or other local authority. as is admitted by the respondents, the tax is being levied allegedly for the benefit ..... invalid on the ground that it relates to a tax on income. (2) the total amount payable in respectof any one person to the state or to anyone municipality, district board, localboard or other local authority in the stateby way of taxes on professions, trades, callings and employments shall not exceedtwo hundred and fifty rupees per annum ..... fall within two classes by virtue of the government of the union territories act. 1963, by the said act vide section 2(h), union territory means any of the union territories of himachal pradesh, manipur, tripura, goa, daman diu and pondicherry. by section 47 of the same act a provision is made for the creation of the consolidated funds of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H142
..... the use of the word 'send' in place of the word 'serve' in section 87-a (3) of the u.p. municipalities act (2 of 1916) came up for consideration before the supreme court in jai charan lal anal v. the state of u.p.,air ..... for which reliance was placed by mr. mittal on the pronouncement of the supreme court in pioneer motors (pvt) ltd. v. municipal council,nagercoil,air 1967 sc 684,and various other cases.19. mr. r.s. mittal next argued in a somewhat half-hearted manner ..... high court in s. ramaiah v. state of mysore (1969) 1 mys lj 395,that rule (i) of the mysore municipalities (president and vice-president) election rules,1965,which directs that notices of the meeting shall be sent to every member by registered post ..... of relief under article 226 of the constitution. things are different in case of elections under the representation of the people act where article 329(b) of the constitution creates an absolute bar notwithstanding anything contained in the constitution itself to any election .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H376
..... hapur, air 1959 all 192, the petitioners were challenging the imposition of a water tax by the municipal board of hapur, under the u. p. municipalities act. sections 131 to 135 of that act lay down the procedure which had to be followed by the board before imposing a tax. nobody disputes before me the ..... sections 53, 72, 73, 79 etc.). they were to follow a summary procedure and the provisions of the codes of civil and criminal procedure and the evidence act were not applicable. (section 66). legal practitioners were debarred from appearing before these panchayats. (section 69). the panchayats exercised a number of administrative and executive powers ..... panchayat officer (respondent no. 2) a junior officer had simultaneously with those proceedings, taken action against the petitioners under section 105 of the punjab gram panchayat act, 1952, to enforce the petitioners' civil liability for the loss alleged to have been caused to the panchayat by the petitioners' neglect and misconduct. the show .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1985P& H34
..... are so disturbed that it is not practicable for the state government to hold and complete elections in terms of sub-section (2) of section 13 of the punjab municipal act, 1911 (punjab act no. 3 of 1911) to the committees in the state before the expiry of the term of office of their elected members:now, therefore, in exercise of ..... or vice-president shall be deemed to extend to and expire with the date on which his successor is elected'. sub-section (3) of section 32 of the gujarat municipalities act, 1963, in terms, laid down that no business other than the determination of the term of office of the president and view-president and the election of the president ..... of the proposed election in the karnataka high court. the two relevant provisions that came up for consideration were section 42 clauses (11) and (12) of the karnataka municipalities act, 1964, which are in the following terms:'42(11). the term of office of every president and of every vice-president shall, save as provided in this .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1992)102PLR143
..... before the supreme court in k. narasimhaiah v. h. c. singri gowda , a. i. r. 1966 s. c. 330. a case relatiag to mysore town municipalities act. in para 11 it was observed as under : -'giving' of anything as ordinarily understood in the english language is not complete unless it has reached the hands of ..... the documents submitted alongwith the pleadings.3. at the outset it may be stated that different provisions in the haryana municipal act provides for the functioning of the municipal committee by the elected members. the municipal committee is thus constituted to function in a democratic manner i. e. by holding election of its members by the ..... president and the sr. vice-president of the municipal committee that the impugned notice was issued reference was made to different provisions of the haryana municipal act, 1973 (hereinafter referred to as 'the act') and the rules framed thereunder. in order to put pressure upon members of the municipal committee a case was got registered at the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1995P& H87; (1995)109PLR30
..... associate member -- mla -- has been justified on the ground that in compliance with the 74th amendment of the constitution consequential amendments were effected vide amending act no. 11 of 1994 in the punjab municipal act, 1911, and the earlier bar that such a person though can take part in the proceedings of any meeting of the ..... was only an associate member as per s. 12(1)(c) of the punjab municipal act, 1911 (for short 'the act') and thus had no right to cast the vote as the municipal committee was constituted before coming into enforcement of amending act 11 of 1994, with a further direction in the nature of mandamus to allow the petitioner to ..... had no right to vote in the meeting relied upon ss. 12 and 13 of the act and amendment effected vide act no. 11 of 1994 cannot be retrospectively applied to the existing municipality. elaborating, the counsel urged that as per s. 12 of the punjab municipal act, 1911, constitution of the committee comprised of: (i) elected members; (ii) co-opted .....
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