Judgment Search Results Home > Cases Phrase: manipur municipalities act 1994 section 71 budget Court: punjab and haryana Page 1 of about 61 results (0.093 seconds)

Dr. Harbhajan Singh Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1995P& H87; (1995)109PLR30

..... 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 function as president of the municipal committee. ..... the existing municipalities as per section 4(5) of the act have been deemed to have been constituted and, in fact schedule ii gives list of municipal committees deemed municipal council, classes i, ii and iii. ..... the municipal committee consisted of following category of members; (i) elected members; (ii) co-opted members in terms of section 12a, 12b and 12c of the act - in case elected by elected members within the stipulated period or having been nominated as per section 12e; (iii) associate members -- every member of the legislative assembly representing the constituency in which the municipality or any part thereof is situate.17. ..... (2) the nagar panchayat or the municipal council constituted under sub-section (i) shall be a body corporate having perpetualsuccession and a common seal with powers, subject to the provisions of this act, to hold, acquire and dispose of property and may by that name sue or be sued. ..... thus, though an mla was a member of the municipal committee constituted under section 12 of the act, but had no right to vote co-opted members elected by elected members of the municipal committee or nominated by the state govt. .....

Som Lal Vs. Vijay Laxmi

Court : Punjab and Haryana

Reported in : (2006)143PLR81a

..... section 208 of the punjab panchayat raj act, 1994 stands repealed by section 143 of the punjab state election commission act, 1994;(c) no election petition on a ground, other than those provided in section 11 of the punjab state election commission act, 1994 is maintainable, as laid down by section 89 of this act;(d) section 208 of the punjab panchayati raj act, 1994 is meant only for the purpose of suspension and removal of a panch/sarpanch under section 20(1)(a) of the punjab panchayati raj act, 1994;(e) the punjab state election commission act, 1994 ..... any corrupt practice; or(e) if he has been found guilty of any offence punishable under section 153a or section 171e or section 171f or section 376 or section 376a or section 376b or section 376c or section 376d or section 498a or section 505 of the indian penal code, 1860 or any offence punishable under chapter xiii of this act unless a period of six years has elapsed since the date of such conviction; or(f) if he holds an office of profit under a panchayat or a municipality; or(g) if he holds an office of profit under the government of india or any ..... at this stage, it may also be noticed that like the punjab panchayati raj act, 1994, there exists a separate legislation known as the punjab municipal act, 1911 which provides the constitution of municipal council/nagar panchayats, their powers, duties and functions, reservation of seats and elections of president and other office-bearers of these elected bodies and the term of .....

Ram Kumar Sharma Vs. Punjab State and ors.

Court : Punjab and Haryana

Reported in : AIR1966P& H99

..... 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 the municipality of hissar into wards and fixation of the number of representatives for election from each such ward:--rules.1. ..... the main basis of both the petitions is the contention that the provisions of section 240 (b) and (c) of the punjab municipal act of 1911 are invalid on the ground of excessive delegation of authority.2. ..... 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 the constitution came into force in january 1950, it seems remarkable that 14 or 15 years had to elapse before anybody thought of challenging sections 11 and 240 (1) (b). ..... first, that sections 240 (1) (b) and 11 of the act were ultra vires because of excessive delegation to the executive, and secondly, the actual division of a municipality into wards without framing any general rules under section 240 (1) (b) did not amount to compliance with the provisions of the law. .....

Harbans Lal Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR2009P& H76; (2009)153PLR69

..... (1) whether under section 24(2) of the punjab municipal act, 1911 (hereinafter referred to as' 'the act'), the government can decline to notify in the official gazette the election of president of a municipal councilor, who has been declared elected as such in the first meeting of the municipal council, convened under rule 3 of the punjab municipal (president and vice-president) election rules, 1994 (hereinafter referred to as 'the 1994 rules') read with section 20 of the act, on the ground that quorum of the said meeting was not 'complete and the ..... (2) whether there is any quorum prescribed for the first meeting of the members of the municipal council convened under rule 3 of the 1994 rules read with section 20 of the act, for the purpose of administering oath and election of the president and vice-president of the municipal council?these are the two questions, which are to be answered in this petition.2. ..... firstly, the requirement of quorum of a special meeting, as provided under section 27 of the act and business bye-laws cannot be imported as requirement in the first meeting of the municipal council, which is to be held under rule 3 of the 1994 rules for the purpose of administering oath of allegiance and electing president and vice-president.17. ..... in our opinion, from the bare reading of section 20 of the act and rule 3 of the 1994 rules, there is no requirement of quorum for the first meeting, in which the president and vice-president of the municipality are to be elected. .....

Jit Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (1996)113PLR164

..... (6) every area, which immediately before the commencement of the punjab municipal (amendment) act, 1994 was constituted as a notified area under section 241 of this act, shall be deemed to have been specified as a transitional area or a smaller urban area under sub-section (1) and a municipality of the category as indicated in schedule iii shall be deemed to have been constituted under this act for that area.section 12:composition of municipalities :- (1) a municipal council or a nagar panchayat constituted under section 4 shall consist of a body of members, specified in section (3), having authority over such area. ..... in exercise of the powers vested in it, the punjab legislative assembly enacted the punjab municipal (amendment) act of 1994 and thereby drastically amended various provisions of act of 1911, section 3(8b) of the act defines 'municipal council', section 3(8c) defines 'municipal area' and section 3(9b) defines the-term 'newly constituted committee'. ..... sub-section (5) of section 4, as it stands after amendment, contains a deeming clause and provides that every area which was constituted as a municipality under the act of 1911 immediately before the commencement of the punjab municipal (amendment) act 11, 1994, be deemed to have been constituted as a smaller urban area under section 4(1) and the existing municipality shall be deemed to have been constituted under the act for that area. .....

Sanjeev Kumar Verma Vs. the Director Urban Local Bodies

Court : Punjab and Haryana

..... after 74th amendment in the constitution, whereby the chapter of municipality was added, section 9 of the principal act was substituted vide haryana act no.3 of 1994. ..... no.15125 of 2012) filed by the appellant, who was president of the municipal committee, naraingarh, for seeking quashing of the resolution of no confidence motion dated 03.08.2012 (annexure p4) passed against him being illegal, arbitrary and in violation of the provisions of section 21 of the haryana municipal act, 1973 (hereinafter referred to as 'the act'), has been dismissed.2. ..... in view of the aforesaid amendment in the constitution, section 9 of the principal act was substituted in the year 1994, vide haryana act no.3 of 1994 (notified on 5.4.1994) by the following section:- 9. ..... no.592 of 2013 (o&m) -7- election from the territorial constituency of the municipal committee as provided under sub-section (2) of section 9, and not the nominated members under clause (ii) of section 9(3) of the act by virtue of their being members of the house of the people and the legislative assembly. ..... in the year 2012, a requisition of no confidence motion was moved against the appellant by requisite members of the committee under section 21 of the act read with rule 72-a of the haryana municipal election rules, 1978 (hereinafter referred to as 'the rules') for his removal as president. .....

Sukhbir Singh Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)114PLR169

..... 1978 karnataka 140, a learned single judge of the high court interpreted section 42(9) of the karnataka municipalities act, 1964 which contained the expression total number of councillors'. ..... a short but important point which arises for determination in this case is whether the expression 'the members of the committee' used in section 21 of the haryana municipal act, 1973 (hereinafter referred to as the act) would include the members nominated by the government under section 9(3) of the act. ..... 1986 bombay 268, which involved interpretation of section 55 of the maharashtra municipalities act, 1965. ..... 174, a division bench of the andhra pradesh high court was concerned with a case involving interpretation of section 46 of the andhra pradesh municipalities act, 1965. ..... section 42(9) of the karnataka municipalities act related to no-confidence motion. ..... while the learned deputy advocate general argued that the nominated members cannot take any part in the process of election or removal of the president or vice-president of municipal committee or municipal council and they have no right to participate in the meeting of no-confidence motion and, therefore, for the purpose of determination of one-third of the members of the committee or two-thirds of the members of the committee for the ..... petitioner, sukhbir singh, was elected as municipal commissioner of municipal committee, gharaunda, in december, 1994. .....

Sanjeev Kumar Verma Vs. Director, Urban Local Bodies, Chandigarh and O ...

Court : Punjab and Haryana

..... under section 9(3) of the haryana municipal act, 1973 (hereinafter referred to as 'the act'). ..... section 9 of the principal act was substituted in the year 1994 vide haryana act ..... 1994 (notified on 5.4.1994 ..... be president for such period as may be prescribed, and the member so elected shall become president of the municipal committee or municipal council : provided that the office of the president in municipal committee and municipal councils shall be reserved for scheduled castes and women in accordance with the provisions made in section 10: provided further that if the office of president is vacated during his tenure on account of death, resignation ..... members of the committee, who have been nominated under clause (ii) of section 9(3) would be deemed to be the elected members of the committee and fall under the expression "elected members" used in section 21(3) of the act as these members having been elected from a larger constituency than that of the municipal committee and being nominated to the municipal committee by virtue of their being elected as members of the house of ..... seventy fourth amendment, which is to provide for direct democracy at the third tier, which is evident from the mandate whether in article 243c (in relation to panchayats) or article 243r (in relation to municipalities) that all seats shall be filled by persons chosen by direct election, then even in the absence of such a provision, persons provided representation in terms of clause (b) of article 243r, could .....

Pritam Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1995P& H341; (1995)110PLR378

..... it has been averred in the petition that though the requisition was submitted on 27-1-1995 and under section 25 of the punjab municipal act, 1911 (in short the act) the president of the committee was required to call the meeting within fourteen days, yet he issued the agenda-papers on 8-2-1995 convening the meeting of the committee for 25-2-1995 at 10.30 a.m. ..... the davangere city municipality, davangere, air 1978 kant 140, interpreted the expression 'not less than two-third of total number of councillors' contained in section 42(9) of the karnataka municipalities act, 1964 to mean that calculation must be made withreference to the total number of councillors prescribed for any municipal council and not with reference to the actual number of councillors in office on the day when resolution expressing want of confidence in a president or vice-president is moved. ..... in shivdas govind lanjewar's case (supra), under consideration was subsection (1) of section 55 of the maharashtra municipalities act, 1965 which reads as follows:'55. ..... therein section 34 of the bihar and orissa municipal act, 1922 provided that a chairman or vice-chairman may be removed from his office by a resolution of the commissioner in favour of which not less than two-thirds of the whole number of commissioners have given their votes at a meeting .....

Avjinder Singh Sibia Vs. S. Prakash Singh Badal and ors.

Court : Punjab and Haryana

Reported in : AIR2008P& H67

..... in that case before the hon'ble supreme court in appeal, provisions of section 14(e) of the punjab municipalities act (3 of 1911) were challenged on the ground of being discriminatory, and, thus, violative of article 14 of ..... of section 14(e) of the punjab municipalities act no ..... case, the legislature in its wisdom has passed the impugned amendment superseding all' the market committees with nominated members and has left it to the administrative exercise of discretion of the government under section 35 of the act, and rightly so,, because in that case, it would cast stigma on the members of the committee and under such circumstances, even though they are nominated, they would be entitled to a personal ..... given unfettered discretion to the government to remove elected representatives/ members of municipal committees without any notice to them, and/or without a right of hearing which, on the contrary, was envisaged under section 16, a parallel provision, of the same act which also provided for removal of a member of municipal committee in public interest. ..... which we are concerned provides that notwithstanding anything in the foregoing sections of chapter iii, which deals with constitution of committees, appointment and election of members, term of office of members of municipal committees, the state government may, at any time, for any reason which it may deem to affect the public interest, by notification, direct that the seat, of any specified member, whether elected or appointed, .....