Court : Rajasthan
Reported in : 2001(4)WLC731; 2000(2)WLN1
..... preliminary enquiry was held and prima facie the respondents were of the view that petitioner was disqualified for contesting the election by virtue of the provisions of section 26 of the rajasthan municipalities act, 1959 (for short, 'the act') as the 4th child was born to him after the cut off dale. ..... the allegations in the inquiry against the petitioner that he was not entitled to file the nomination paper being disqualified under the provisions of section 26 of the act and by suppressising this material fact he filled up the nomination, therefore, he cannot claim any right arising out of his wrong doing. ..... individual charged with a certain conduct owes a duty, either to another individual or to the society in general, to act in a specific manner or not to so act and he still acts contrary to it and does so knowingly, his conduct must be held to be due to vileness and deprivity. ..... reply to the said notice on 29.3.2000 contending that the notice was without jurisdiction as his election could not be challenged by any means other than by filing an election petition as provided under the provisions of section 34 of the act and the provisions of section 63(4) of the act were not attracted.(3). ..... petitioner has been filed challenged the impugned order dated 8.5.2000 (annx.6), by which the petitioner has been suspended from the membership of the municipal corporation, jodhpur.(2). ..... case was in respect of the analogous provisions under section 38 of the rajasthan panchayati raj act, 1994. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998(1)WLC237; 1997(2)WLN498
..... cause notice was issued to the petitioner for explanation under section 63 of the rajasthan municipalities act 1959 (for short 'the act' hereinafter). ..... the charge sheet, an order of suspension was issued suspending the petitioner from the chairmanship of the municipal board, rajsamand and the matter was handed over for judicial enquiry as contemplated under section 63 (2) of the act. ..... as a result of the suspension order issued under sub-section (4) of section 63 pending enquiry or till the final order is passed, the member shall be debarred from taking part in the proceedings of one municipal board or otherwise performing his duty as a member of ..... result into a removal of the member, a power vested under sub-section (3) of section 63 can be exercised after due and proper enquiry, by the state, as per the procedure prescribed for holding an enquiry into a charge against the member of a municipal board of counsellor of municipal council. ..... the other, the enquiry under section 63 (2) is not completed or order under sub-section (3) of section 63 is not passed, that shall not come in the way of cessation of suspension order, on the day six months are completed from the date of suspension order, the suspension order of a member under sub-section (4) of section 63 of the act shall come to an end.4. ..... dismissed but it is directed that if no order is, passed against the petitioner under section 63 (3) of the act within six months from 19.7.97, the suspension order shall stand revoked from 19.1.98.
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR716
..... veerappa moily, learned counsel appearing for the contesting respondents, namely, the election petitioners who have succeeded in the election petitions has contended that returned candidates occurring in section 14(2)(a) of the act must be read so as to mean only, so far as the election petitioners are concerned the returned candidates and not to include returned candidates whose election, the election petitioner did not challenge.5. ..... his entire case on the pronouncements of the supreme court in regard to elections held to the lok sabha, the assemblies of the state or the council of states or the rajya sabha or elections to the other local authorities like municipalities, the village panchayats, the zilla parishads, the mandal panchayats etc. ..... only a successful candidate who may be necessary party to an election petition, but also other candidates who contested if there has been allegations of malpractice committed by them in an election petition presented under the representation of the people act not only to secure a declaration in one's own favour or to challenge the election of a particular candidate but also to maintain the purity of elections and bring to justice those who have violated the statutory provisions and indulged .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN162
..... filed an election petition (no 38/59) under section 38 of the rajasthan municipalities act, 1959 (which will hereinafter to be referred to as the 'act'), challenging the legality and validity of ..... behari collector, churu by his order dated 20/21 september, 1974, annexure r/1 had appointed the sub divisional magistrate, churu as his nominee before whom the members of the municipal board, chappar shall, before entering upon the duty as such, make and subscribe oath or affirmation in the prescribed form, and this order, according to the learned counsel, was ..... september, 1974 the collector had authorised the administrative officer, woollen mill, churu as his nominee before whom the members of chapter and rajaldesar municipal board were to make can be, and some of the members chhaper municipal board did mike oath before the said administrative officer. ..... the oath of office bad already been administered to him as required under section 61 of the act, and therefore, the stay application had become in fructuous my learned brother jain ..... , the additional district development officer at the relevant time and purporting to act as a collector, he appointed sub divisional magistrate, churu as his nominee under section 61 of the act for administering oath to ranjilal. ..... 1 as required by section 61 of the act, which reads as under:section 61 - oath of office (1) every member shall, before entering upon his duties as such, make and subscribe before the collector or his nominee for the purpose on oath .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN521
..... petitioner absented himself in the meetings of the board held on 13th january 1971, 24th february, 1971 and 6th march, 1971, and as such he had incurred a disqualification to continue as a member of the board under the provisions of section 63(1)(a) of the rajasthan municipalities act, 1959 (hereinafter called the ..... this order of the director has been challenged by the petitioner, inter alia, on the ground that section 63(1)(a) of the act has not been properly construed by the director while issuing the impugned order and in the absence of any valid notice to attend the meeting of the board alleged to have been held on 6th of march, 1971, he ..... according to the provisions of section 70(5) of the act, four clear days' notice is necessary to be given to the member asking him to attend the general meeting of the board in this case, as is apparent from the reply given by the petitioner in response to the notice received from ..... section 63(1)(a) of the act is as follows:section 63 ..... the meeting of the board on 3rd of april, 1971, which meeting falls within a period of consecutive three months and, therefore, the petitioner cannot be said to have incurred disqualification to warrant his removal under the provisions of section 63(1)(a) of the act.8. ..... the contention of the petitioner has some force and i feel that for the reasons given by the petitioner he cannot be taken to be an absentee member in the meeting of 6th march, 1971 for incurring disqualification under section 63(1)(a) of the act.6. .....
Tag this Judgment!Court : Chennai
Reported in : (1931)60MLJ260
..... precisely the functions given to a presiding member by the rules framed under the madras district municipalities act for the election of a chairman. ..... an application by sri rajah malraju venkatanarasimha rao bahadur garu of narasaraopet for a writ of certiorari to be issued to the three respondents who are (1) the chairman of the narasaraopet municipal council elected at a meeting on the 5th of november, 1929, (2) the municipal council, and (3) the vice-chairman of the municipal council who presided at the meeting of the 5th of november for electing the chairman, and for setting aside the alleged resolution of a meeting on that day declaring the ..... ground of various irregularities in the election; but the government while finding that 'the action of the councillors in violating the provisions of rule 4 of the rules for the election of chairman and vice-chairman of the municipal councils prescribing secret voting was highly irregular' did not interfere with the election in question and passed an order leaving the aggrieved parties to the legal remedies. ..... but there was nothing done by the municipal council in the nature of a judicial act to which the remedy of a writ of certiorari ..... 241) in regard to the functions of the returning officer at a municipal election:he is to do therefore the thing which the statute expressly says he shall do, namely, to count the votes, that is to say the written papers so put into the ballot boxes, and according to their number ..... section ..... section ..... section .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad122
..... the functions given to a presiding member by the rules framed under the madras district municipalities act for the election of a chairman. ..... application by sri rajah malraju venkatanarasimha rao bahadur garu of narasaraopet for a writ of certiorari to be issued to the three respondents who are : (1) the chairman of the narasaraopet municipal council elected at a meeting op 5th november 1929, (2) the municipal council and (3) the vice-chairman of the municipal council who presided at the meeting of 5th november for electing the chairman and for setting aside the alleged resolution of a mooting on that day declaring respondent 1 to have been ..... ground of various irregularities in the election; but the government while finding thatthe action of the councillors in violating the provisions of rule 4 of the rules for the election of chairman and vice-chairman of the municipal councils prescribing secret voting was highly irregulardid not interfere with the election in question and passed an order leaving the aggrieved parties to the legal remedies. ..... but there was nothing done by the municipal council in the nature of a judicial act to which the remedy of a writ of certiorari ..... cases where certiorari is taken away a writ may be issued if the authority acted without jurisdiction : vide halsbury, section 318. ..... for the purpose of quashing the determinations of bodies who are entrusted with judicial functions out of the ordinary course of legal procedure: vide halsbury, section 320. ..... section .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(3)AWC2425
orderanjani kumar and sudhir agarwal, jj.1. heard learned counsel for the petitioner and learned standing counsel for the contesting respondents.2. the petitioner, who is elected as president (chairman) of the nagar panchayat concerned, has challenged the order impugned by means of present writ petition.3. learned counsel for the petitioner contended that name of respondents 5 and 6 has been recommended for nomination as member of nagar panchayat concerned by the state government in exercise of power under section 9(1)(d) of municipalities act, 1916 (in short 'the act'). it is further contended that since the respondents 5 and 6 are not the elected members, therefore, they cannot be nominated as members by the state government in exercise of power under the aforesaid act.4. we have gone through the impugned-order and the provisions of the aforesaid act and we do not find that there is any such qualification or disqualification that in case a person, who is not an elected member of the nagar panchayat concerned, cannot be nominated by the state government and even the district magistrate has recorded a finding otherwise that respondents 5 and 6 are the residents of nagar panchayat concerned. in this view of the matter, we do not find any force in this writ petition. it is, accordingly dismissed.
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2258; JT2004(Suppl1)SC275; RLW2004(2)SC269; 2004(5)SCALE27; (2004)5SCC409; 2004(2)LC1307(SC)
..... it was observed by the division bench that the said rule 3(9) of the 1974 rules is required to be read with section 3(36) and section 9 of the rajasthan municipalities act, 1959 (hereinafter referred to as 'the act') and if so read, the expression 'whole number of members' would exclude nominated members. ..... it is accepted that the rules have not been altered despite the fact that amendments have been carried out in the municipalities act in the year 1994. ..... counsel for respondent no.1 further pointed out that in 1994, sections 9, 65 and 72 of the act were amended in pursuance of the new chapter xiv-b being inserted in the constitution by constitution (seventy fourth) amendment act, 1994. ..... however, in 1994, section 65(2) of the act was amended and the expression 'members of the board' in the old section is substituted by the expression 'elected members of the board ..... to the 74th constitutional amendment of 1994, sections 9, 65 and 72 of the act were amended. ..... quote hereinbelow section 3(36) of the act which defines the term 'whole number of members' as well as rule 3 of the 1974 rules which as stated above have remained unamended even after 1994:--'section 3. ..... before adverting to the arguments advanced on both sides, we reproduce hereinbelow the relevant provisions of the said act (pre and post 1994):- a comparative chart showing the provisionsof the rajasthan municipalities act, 1959before and after the amendment in 1994:--provisions prior to amendmentprovisions after amendment'9. .....
Tag this Judgment!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. .....
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