Judgment Search Results Home > Cases Phrase: manipur panchayati raj act 1994 Page 1 of about 17,145 results (0.081 seconds)

Md. Siraj Ahamad Vs. State Election Commissioner and ors.

Court : Guwahati

..... petition challenging the election/cancellation of election of pradhan of gram panchayat may be entertained by this court or such a matter should be entertained only by the election tribunal, if an election tribunal has been constituted under the provisions of manipur panchayati raj act, 1994.9. ..... , the parliament enacted the munipur panchayati raj act. ..... underlined is mine)again, under the provisions of section 105 of the said act, the rule being the manipur panchayat raj (election) rules, 1995 (hereinafter referred to as the 'rule') was framed ..... (d) of article 32a and clause 3(d) of article 323b, to the extent they exclude the jurisdiction of the high courts and the supreme court under articles 226/227 and 32 of the constitution, are unconstitutional, section 28 of the act and the 'exclusion of jurisdiction' clauses in all other legislations enacted under the aegis of articles 323a and 323b would, to the same extent, be unconstitutional. ..... 1994 (hereinafter referred to as the 'act') to provide for the constitution and organisation of the paychayats asunits of local sell-government in the rural areas of manipur and for matters connected therewith and incidental ..... it has been clearly admitted at the bar that now the election tribunal has been constituted and one officer of manipur judicial service guide-1 has been functioning as the presiding officer. ..... further, there is 'ouster clause' under section 106(b) of the act that no election of panchayat shall be called in question in any court .....

Dr. M. Ibeyaima Devi and ors. Vs. Smt. Mutum Babita Devi and ors.

Court : Guwahati

..... was constituted in january, 1997 under the provisions of the manipur panchayati raj act, 1994 (hereinafter referred to as the act) there are 19 elected members. ..... and organisation of panchayats as units of local self-government hi the rural areas of manipur and for matters connected therewith and incidental thereto the act was passed by the parliament in the year 1994 acting as the legislature of the state of manipur (while manipur was under president rule) and after enforcement of the act various democratic institutions under the act were constituted and citizens in the rural areas have been taking part in these democratic ..... in other words, in our present case provision for requisition is there but there is no provision for withdrawal of the requisition; considering the nature and scheme of the act and also considering the power mentioned in section 21 of the general clauses act, i am of the considered opinion that this enabling provision under section 21 which is applicable in respect of power to issue notifications, orders, rules or bye-laws cannot be applied in the case of requisition ..... argument has taken the shelter under the provisions of section 21 of the general clauses act and accordingto the learned counsel when a power is conferred upon the requisitionists to make a requisition then the power to recall or withdraw the requisition is inbuilt under the provisions of section 21 of the general clauses act which is applicable in case of state laws in the state of manipur. 5. .....

Sorojini Devi and anr. Vs. Oinam Jugeshwar Singh and ors.

Court : Guwahati

..... moreover, according to the writ petitioners, on failure of the adhyaksha to discharge her duties as provided under section 57(4) of the manipur panchayati raj act, 1994, herein referred to as the 'act', in connection with convening of a special meeting of the zilla parishad for consideration of the no-confidence motion, they made an application dated 05.02.2008 to the d.c, bishnupur for directing ..... the time framed mentioned in section 57 of the manipur panchayati raj act, 1994 should be strictly followed in convening the special meeting of the zilla parishad for consideration of no confidence motion against the sitting adhyaksha and ..... 5 and 6 in the said second writ petition, contested the second case talcing the same pleas taken in the first case.after taking into consideration of the relevant provisions of section 57 of the said act, the disputed question of facts in between the parties and also the need for allowing bishnupur zilla parishad to function democratically, the learned single judge passed the impugned judgment and order disposing of the ..... according to the learned counsel appearing on behalf of the appellants, since no requisition was submitted to the adhyaksha under the provision of section 57(4) of the act, no action was required to be taken for convening any special meeting for consideration of the said no-confidence motion, and in fact, there was no no-confidence motion ..... zilla parishad to take appropriate action under the provisions of the act of 1994 and the c.e.o. .....

Md. Siraj Ahamed Vs. the State Election Commission and ors.

Court : Guwahati

..... to grant it under order 39 rules 1, 2, and 3 entirely vests upon the competent civil court but not to the election tribunal which is not a civil court as enshrined under section 103 read with section 106 of the manipur panchayati raj act, 1994; and apart from it, an election dispute / contest is not an action at law or a suit in equity but is a purely statutory proceeding unknown to common law and the election tribunal do not possess common law power and ..... promode chandra singh election tribunal constituted under section 103 of the manipur panchayati raj act, 1994 is not a court but a creature of statute and as such the election tribunal has only such powers as conferred on it by statute expressly or by necessary implication and it has none of the inherent powers of ..... that election tribunal is not a civil court inasmuch as the matter pertaining to grant of temporary injunctionfor restraining the taking of oath of the respondent no.4 is directly related to election matter for which section 103 of the manipur panchayati raj act conferred upon the election tribunal to deal with any other election matter and rather, the election tribunal has jurisdiction to pass appropriate order under order 39 or section 151 of c.p.c. ..... it is also submitted by the learned counsel that where section 103 of the manipur panchayati raj act conferred a jurisdiction to deal with any other election matter, it impliedly also grant the power of doing or deciding a matter pertaining to an application under .....

Vipulbhai M. Chaudhary Vs. Gujarat Coop. Milk Markt. Fed. Ltd and Ors

Court : Supreme Court of India

..... municipalities act, 2009 provides for a protection of two years and uttar pradesh panchayati raj act, 1947, as followed by uttarakhand, provides ..... for a protection of two and a half years, madhya pradesh municipalities act, 1961 provides for a protection of two years and one year, manipur panchayati raj act, 1994 provides for a protection of two years and one year, orissa panchayat samiti act, 1959 provides for a protection of two years, orissa grama panchayats act, 1964 provides for a protection of two years, punjab panchayati raj act, 1994 provides for a protection of two years, rajasthan panchayati raj act, 1994 provides for a protection of two years and one year, rajasthan .....

Sri R Chandrahasa Vs. The State of Karnataka

Court : Karnataka

..... years, orissa grama panchayats act, 1964 provides for a protection of two years, punjab panchayati raj act, 1994 provides for a protection of two years, rajasthan panchayati raj act, 1994 provides for a protection of year, rajasthan municipalities act, 2009 provides for a protection years and two one 17 of two years and uttar pradesh panchayati raj act, 1947, as followed ..... and one year, orissa panchayat samiti act, 1959 provides for a protection of two ..... two years and one year, bihar municipal act, 2007 provides for a protection of two years and one year, himachal pradesh panchayati raj act, 1994 provides for a protection of two years and two years, madhya pradesh panchayat raj avam gram swaraj adhiniyam, 1993 provides for a protection of two and a half years, madhya pradesh municipalities act, 1961provides for a protection of two years and one year, manipur panchayati raj act, 1994 provides for a protection of two years .....

Magna Ram Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2004(4)Raj2097; 2004(4)WLC347

..... air 2000 rajasthan-407 where the election of the sarpanch was sought to be challenged by way of writ petition, on the ground, that he is disqualified even prior to contest of election, under section 19(gg) of the panchayati raj act, 1994, as the candidate was under trial in a competent court, which has taken cognizance of the offence, and framed charges against him, punishable with imprisonment for five years or more. ..... election of sarpanch on the ground, that election to the office of sarpanch, after having been declared ineligible upto 16.10.2000, is illegal, arbitrary and unreasonable, apart from being contrary to the provisions of rajasthan panchayati raj act, 1994, and this court referred to earlier single bench decision of this court in gopal and ors. v. ..... was given, and the enquiry officer found him guilty of misconduct in discharge of his duties, and therefore, the state government recorded findings against him, under section 38(1) (b) of the rajasthan panchayati raj act, 1994, hereafter to be referred to as 'the act of 1994', being annexure-1 dt. ..... singhvi referred to the provisions of article 243-o(b) of the constitution, section 43 of the act of 1994, andrule 80(a) of the rajasthan panchayati raj (election) rules, 1994, and submitted that the dispute about validity of nomination, or wrong acceptance of nomination, is clearly an 'election dispute', which can be raised by an appropriate election petition, and by virtue of article 243-o(b) no election of any panchayat can .....

Kerala Government Contractors' Federation Vs. State of Kerala, Represe ...

Court : Kerala

..... they point out that under section 2(15) of the kerala panchayat raj act, 1994, panchayat means village panchayat, block panchayat or district panchayat. ..... to achieve the constitutional mandate, the kerala panchayat raj act, 1994 was brought into force with effect from 23.4.1994. ..... by virtue of the power extended by section 254 of the panchayat raj act, the government issued sro no.786/97 whereby it was provided that the method of public work would be decided considering the possibility of executing the work through the beneficiary committee and priority would be given to such ..... the petitioners point out that the kerala panchayat raj (execution of public works) rules, 1997 permits execution of public works by the panchayats either on contract basis or directly or through the beneficiary committees. ..... he alleges that the three tire panchayat raj system has been introduced by the 73rd amendment of the constitution of india. ..... the definite case of the petitioner is that the aforesaid two circulars are contrary to the provisions of the kerala panchayat raj (execution of public works) rules 1997. ..... as rightly pointed out by mr.raju joseph, the learned senior counsel appearing for the kerala government contractors' federation, a public authority has a duty to act fairly and consistently. ..... if it acts in a contradictory and misleading manner, the same would amount to an abuse of discretion which the court can condemn. 16. .....

Mukesh Kumar Ajmera and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1997Raj250

..... , raise the common controversies, namely (i) the validity of section 19 (l) read with section 39 of the rajasthan panchayati raj act, 1994; (ii) the legality and correctness of the orders passed by the respective chief executive officer, by which the petitioners were declared disqualified; and (iii) the jurisdiction of the chief executive officer to hold an enquiry in the matter of declaring a panch or a member of the panchayat raj institution to continue as the sarpanch as he has incurred the disqualification on account of birth of an additional child ..... we are, therefore, of the opinion that section 19(1)(l) and section 39 of the rajasthan panchayati raj act, 1994 are not violative of any of the provisions of the constitution of india. 44. ..... we are, therefore, of the view that the rajasthan panchayati raj act, 1994, which is an implementing legislation undertaken by the state government, has been legislated within the framework of the scheme set-out by the constitution in accordance with article 243f of the constitution. 28. ..... while he was acting as the sarpanch, a notice dated 9-7-96 issued under section 39(2) of the rajasthan panchayati raj act, 1994 (hereinafter referred as 'the act') was served on the petitioner on 12-2-96 stating therein that on account of increase in the number of the children in the family to more than two after 27-11-95, the petitioner has rendered himself ineligible to hold the office of the sarpanch .....

Mukesh Kumar Ajmera Vs. State of Rajasthan and 11 ors.

Court : Rajasthan

Reported in : 1997(2)WLC672; 1997(1)WLN682

..... raise the common controversies, namely, (i) the validity of sections 19(l) read with section 39 of the rajasthan panchayati raj act, 1994; (ii) the legality and correctness of the orders passed by the respective chief executive officer, by which the petitioners were declared disqualified; and (iii) the jurisdiction of the chief executive officer to hold an enquiry in the matter of declaring a panch of a member of the panchayat raj institution to continue as the sarpanch as he has incurred the disqualification on account of birth of an ..... , therefore, of the opinion that section 19(1)(l) and section 39 of the rajasthan panchayati raj act, 1994 are not violative of any of the provisions of the constitution of india.44. ..... we are, therefore, of the view that the rajasthan panchayati raj act, 1994, which is an implementing legislation under taken by the state government, has been legislated within the frame-work of the scheme set-out by the constitution in accordance with article 243f of ..... while he was acting as the sarpanch, a notice dated 9.7.96 issued under section 39(2) of the rajasthan panchayati raj act, 1994 (hereinafter referred as 'the act') was served on the petitioner on 12.7.96 stating therein that on account of increase in the number of the children in the family to more than two after 27.11.95, the petitioner has rendered himself ineligible to hold the office of ..... of section 19(1)(l) and section 39 of the rajasthan panchayati raj act, 1994 is up-held but the order annexure. .....