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Judgment Search Results Home > Cases Phrase: manipur panchayati raj act 1994 chapter ii gram sacha Page 1 of about 688 results (0.075 seconds)

Aug 18 2011 (HC)

Angdui Norbu and Others Vs. State of H.P. and Others

Court : Himachal Pradesh

..... chapter xi of the panchayati raj act, 1994, provides for disputes relating to election. ..... 78 of the panchayati raj act, the panchayat samiti shall consist of the elected members from the territorial constituencies, 15 in the instant case, the members of the house of the people and members of the legislative assembly of the state representing the constituencies which comprise wholly or partly the panchayat samiti area, the members of the council of the states, where they are registered as electors in the panchayat samiti area, one-fifth of the gram panchayats in the ..... (3) no person whose election has been deemed to be invalid under this section shall be eligible for election as the member, pradhan or up-pradhan of gram panchayat or the member, chairman or vice-chairman of panchayat samiti or zila parishad, as the case may be, for a period of two years from the date on which he ought to have taken or made such oath or affirmation. 10. ..... accordingly, it is proposed to add a new part relating to panchayats in the constitution to provide for among other things, gram sabha in a village or group of villages; constitution of panchayats at village and other level or levels; direct elections to all seats in panchayats at the village and intermediate level, if any, and to the offices of chairpersons of panchayats at such levels; reservation of .....

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Jul 30 2015 (HC)

Radhakrishnan Vs. State of Kerala

Court : Kerala

..... ext.p1 order, the commission, after considering the petition filed under section 35(1)(p) of the kerala panchayat raj act, 1994 (hereinafter referred to as 'the act'), held that the petitioner is not entitled to continue as a member of mayyannad grama panchayat on being disqualified under section 35(1)(p) of the act.3. ..... hence it was found that the writ petitioner failed to comply with the statutory provision under section 35(1)(p) of the act and hence suffered the disqualification to hold office on account of his failure to convene the meetings of the grama ..... be deemed to have been duly held when - (a) the meeting is duly convened; (b) there is necessary quorum; (c) the meeting is held within the municipal premises; (d) the meeting is presided over by a person authorised under the act and these rules; and w.p.c.no.30517/2013 10 (e) the proceedings of the meeting are duly recorded. ..... reference to the word "convene", it is stated that 'to convene' a meeting under the municipalities act means to call together or to assemble, and not issue notice, for the meeting of members ..... shackleton on the law and practice of meetings, eleventh edition, chapter 28 deals with meetings of local authorities. ..... be noted that no provision is contained in the 1972 act excusing an accidental failure to give notice to the public. ..... w.p.c.no.30517/2013 4 secondly, disqualification under section 35(1)(p) of the act arises only in instances where there is failure to convene the ..... chapter vii deals with qualifications .....

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Aug 19 1997 (HC)

S. Rajalu and ors. Vs. Government of A.P. Rep. by Its Chief Secretary ...

Court : Andhra Pradesh

Reported in : 1997(5)ALT358

..... panchayat raj act, 1994, in so far they are relevant, which are extracted as under:constitution of india:article 40: organisation of village panchayats:- the state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.article 243-f:- gram sabha: a gram sabha may exercise such powers and perform such functions at the village level as the legislature of ..... advocate general appearing for the state government reiterated the introduction of chapter-ix of the constitution by virtue of the 73rd amendment of the constitution, which came into force on 20th april, 1992 with a view mainly to strengthen and revitalise the panchayat raj bodies so that they can subserve the needs of the teeming millions ..... article 40 of the constitution of india in chapter iv with regard to the directive principles of state policy, provides that the state shall take steps to organise village bodies with such powers and authority as may be necessary to enable ..... article 40 of the constitution of india in chapter iv with regard to the directive principles of state policy, provides that the state shall take steps to organise village bodies with such powers and authority as may be necessary to enable ..... article 40 in chapter-iv of the constitution of india provides that the state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable .....

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Sep 13 2010 (HC)

Smt. Meena Devi Vs. State of U.P. and Others

Court : Allahabad

..... raj act, 1947, gram panchayats have to be constituted under chapter ..... panchayat raj act but if such disqualification is earned by a person after filing of nomination paper and declaration of results, then state legislature, if feels, may make law prescribing authority to undergo whether a person is disqualified to continue as a member of panchayat or not and such authority before passing an order disqualifying an elected office bearer of a village panchayat is to obtain opinion of the state election commissioner and such authority shall be bound to act according to such opinion ..... raj act in compliance of mandatory provisions of article 243 o (b) of the constitution cannot be permitted to be transgressed by state legislature by inserting offending provisions by amending act ..... raj act by amending act ..... raj act by amending act ..... panchayat raj act exists on the date of filing of nomination by a person who contests election of office bearer of village panchayat and such disqualification continues to exist up to declaration of result by returning officer, then aggrieved party ..... panchayat raj act (adopted the said section) after enforcement of article 243 o (b) of the constitution enumerating grounds on basis of which election of an elected office bearer of village panchayat can ..... panchayat raj act, 1947, and it is reflected that complaint had been made before the district magistrate, ghazipur on 12.11.2007 requesting therein to hold enquiry regarding fake caste certificate of respondent no.5 and to .....

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Oct 04 2004 (HC)

Bhagwan Singh and ors. Vs. State of Bihar and ors.

Court : Patna

..... election commission has disqualified the candidates on the ground that they have been convicted and sentenced for more than a period of six months, which is disqualification in terms of section 139(1)(g) of the act, even though i have held that the state election commission has no power to decide disqualification with regard to pre-election matters, the fact is that these candidates have suppressed the factum of ..... offence, other than a political offence, for a term exceeding six months or has been ordered to furnish security for good behaviour under section 109, or section 110 of the code of criminal procedure, 1973 (act 2, 1974) and such sentence or order not having subsequently been reversed;(h) has under any law for the time being inforce become ineligible to be a member of any local authority;(i) holds any salaried office or ..... was elected as mukhiya of gram panchayat chhanaun under block ron, district nalanda, prior to his election, he was convicted under section 302 of the indian penal code, and 27 of the arms act, and sentenced to undergo life imprisonment in 1994. ..... 9361 of 2002the petitioner rama nand mandal was elected as mukhiya of gram panchayat raj dhanchhiha within laukahi block in the district of madhubani, prior to election, he was convicted under section 302 of the indian penal code in the year 1988 and ..... part ix is a complete chapter dealing with the panchayats starting from is definitions, constitution, compositions, reservation of seats, duration, disqualification, .....

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Oct 30 2003 (HC)

Lissy Valsalan Vs. State Election Commission

Court : Kerala

Reported in : 2003(3)KLT1185

..... by the 1st respondent state election commission, declaring that she has suffered disqualification to continue as a member of the panchayat under section 35(p) of the kerala panchayat raj act, 1994 (hereinafter referred to as the act). ..... :-'grama sabha means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level'.the relevant portion of section 3 of the kerala panchayat raj act dealing with grama sabha reads as follows:-'3. ..... section 2(7) of the kerala panchayat raj act as a ward of the panchayat. ..... a petition before the state election commission under section 36 of the kerala panchayat raj act seeking to disqualify the petitioner under section 35(p) of the act on 13.8.2002. ..... grama sabha - (1) for the purpose of this chapter, each constituency of a village panchayat may be specified as a village under clause (g) ..... further, there are no positive words in the act or rules mandating the convenor to take the initiative to convene the meeting except in the case of a meeting to be convened on the request of the ..... sub-section (5) of section 3 of the act provides that the president of the panchayat has to preside over the meeting ..... state of punjab (1994 (3) scc 569), has reiterated this principle in ..... section 3a(4) of the act provides, the quorum of the grama sabha shall be ten percent of the number of voters of its area and the procedure for convening and conducting meetings of the grama sabha shall be such .....

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Apr 13 2012 (HC)

Joby George Vs. Thomas Varghese

Court : Kerala

..... consideration in this appeal is as to whether the sentencing of the respondent in a criminal case (of which exts.a2 and a3 are the judgments of the trial court and the appellate court) amounts to disqualification under section 34(1)(b)(i) of the kerala panchayat raj act, 1994, hereinafter referred to as the "act". ..... it is argued that the offence for which the respondent stands sentenced is a high handed, undemocratic interference, threatening a participant of a grama sabha, who exercised his duty as a citizen to ask for the accounts, and therefore, the act is one intended to threaten and put citizens to fear, in relation to affairs of a grama sabha and the sentence is for an offence involving moral turpitude. 7. ..... the office is directed to communicate the judgment to the state election commission and the nedumkandom block panchayat and other officials as required under the provisions of the kerala panchayat raj act and kerala panchayat raj (conduct of election) rules immediately. ..... adverting to the preamble to the kerala panchayat raj act, it can be seen that the avowed object sought to be achieved by that enactment is to secure a greater measure of participation of the people in planned development and in local governmental affairs, by constituting village, block and district panchayats and endowing ..... chapter ii of the act provides for grama sabha in a village or group of villages. .....

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Oct 28 2010 (HC)

Srimati Sarita Devi. Vs. State of U.P. and Others.

Court : Allahabad

..... the panchayat raj act has also made the similar provision under section 5-a (c) of chapter ii-a, as under: "5-a. ..... they themselves have contended that under section 12-bb of the uttar pradesh panchayat raj act, 1947 (hereinafter in short called as the 'panchayat raj act') the power of superintendence is vested in the state election commission. 5. ..... therefore, when the statute prohibits that no person, who is receiving honorarium, can contest the election and no exception has been shown under the act to contest the election even having office of profit, we are of the firm opinion that shiksha mitra and/or aanganbari workers having attached to the office of panchayat on payment of honorarium can not be eligible to contest the election. 21. ..... we find from article 191 of the constitution, which relates to election of the state legislature under chapter iii of part vi of the constitution, who will be disqualified for becoming a member of the legislative assembly or legislative council of the state. ..... -- a person shall be disqualified for being chosen as, and for being, the pradhan or a member of a gram panchayat, if he-- (a) *** *** *** (b) *** *** *** (c) holds any office of profit under a state government or the central government or a local authority, other than a gram panchayat or nyaya panchayat; or a board, body or corporation owned or controlled by a state government or the central government; *** *** *** *** *** *** *** *** ***" 7. .....

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Apr 04 2017 (HC)

Veeresh Vs. The State of Karnataka,

Court : Karnataka Dharwad

..... governed by provisions contained in chapter x of the karnataka gram swaraj and panchayat raj act, 1993 ( act for short). ..... combined reading of article 243-o of the constitution of india and sections 15 and 171 of the karnataka gram swaraj and panchayat raj act, 1993, makes it clear that the election to panchayat can be called in question only through an election ..... of karnataka & others member of zilla panchayat and also a voter of the constituency under dispute, have got locus standi to challenge the act of a public servant, who by his misdeeds has enabled an undeserving candidate to make use of a caste and income certificate issued by ..... an voter of dhannur-18, a constituency under bagalkot zilla panchayat, respectively, alleging that the income-cum-caste certificate issued by respondent no.4 tahasildar in favour of the respondent no.5, was a fraudulent and collusive act of 4th and 5th respondent, at the instance of a sitting mla, who is 11 date of judgment 04.04.2017 w.a.nos.101469-470/2016 c/w. ..... patil, learned government advocate, representing respondents no.1 to 4, in his arguments vehemently submitted that the very act of the appellants challenging the issuance of the caste-cum-income certificate in favour of the respondent no.5, is ..... sheelvant, advocate for r5) these appeals are filed under section4of the karnataka high court act, 1961 praying to set aside the order dated2110.2016 passed by the learned single judge in w.p.no.103198-103199/2016 by allowing the prayers made by the .....

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Apr 04 2017 (HC)

Veeresh and Others Vs. The State of Karnataka, Represented by its Prin ...

Court : Karnataka Dharwad

..... constitution is governed by provisions contained in chapter x of the karnataka gram swaraj and panchayat raj act, 1993 ('act' for short). ..... a combined reading of article 243-o of the constitution of india and sections 15 and 171 of the karnataka gram swaraj and panchayat raj act, 1993, makes it clear that the election to panchayat can be called in question only through an election petition, ..... panchayat, bagalkot and an voter of dhannur-18, a constituency under bagalkot zilla panchayat, respectively, alleging that the income-cum-caste certificate issued by respondent no.4 - tahasildar in favour of the respondent no.5, was a fraudulent and collusive act of 4th and 5th respondent, at the instance of a sitting mla, who is said to be the husband of the 5th respondent, challenged the said caste certificate in the writ petition nos.103198- 103199/2016 and writ ..... of the other appellants and further submitted that the appellant being a member of zilla panchayat and also a voter of the constituency under dispute, have got locus standi to challenge the act of a public servant, who by his misdeeds has enabled an undeserving candidate to make use of a caste and income certificate issued by him in contesting the election. ..... is clear that mere availability of an alternative remedy cannot take away the writ jurisdiction, that too in the cases like instant case, wherein the act of a public servant in issuing a caste certificate, which is said to be not proper, affects the health of the society. 22. .....

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