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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 .....

Harbhajan Singh Vs. Major Singh and ors.

Court : Punjab and Haryana

Reported in : (2010)158PLR495

..... similar controversy was there as to whether 'election of sarpanch of gram panchayat can be set aside on the basis of disqualification contemplated under section 208(1)(k) of the punjab panchayati raj act, 1994 or it can be set aside only on the basis of disqualification enumerated in section 11 of the punjab state election commission act, 1994. ..... counsel for the appellant has submitted that in terms of section 208(1)(k) of the punjab panchayati raj act, 1994 (for short 'the act') the appellant is disqualified to have been chosen as a panch and then as a ..... section 153a or section 171e or section 161f 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, 1960 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 state government; or(h) if he ..... supreme court laid down the law as under:the disqualifications are only mentioned in section 208 of the act 9 of 1994 and the intention of the legislature is very clear and section 11 of the act of 1994 being in later point of time stating therein what are the disqualifications, therefore, the disqualifications mentioned in section 11 of the act 19 of 1994 will prevail and not the disqualification mentioned in section 208 of act 9 of 1994. .....

Thomas Aruja Vs. K.V.Manoj

Court : Kerala

..... chapter xxvb in the kerala panchayat raj act, 1994 containing the relevant provisions regarding the ombudsman for local self government institutions, its functions, power of investigation, enquiry, initiation of prosecution, ..... of institution of ombudsman, it is now relevant to refer to the provisions of the kerala panchayat raj act, 1994 pertaining to ombudsman for local self government institutions. ..... the ombudsman, who has been appointed under the provisions of the kerala panchayat raj act, 1994, has all trappings of a court. ..... foregoing discussions, we are of the considered opinion that the institution ombudsman as defined under the kerala panchayat raj act, 1994 cannot be treated to be a 'subordinate court' within the meaning of contempt of courts act, 1971. ..... been created under the kerala panchayat raj act, 1994 as amended in 1999. ..... respect of which a remedy is available from the tribunal for local self government institutions constituted under section 271s; (c) any matter in respect of which an enquiry has been ordered under the commission of inquiries act, 1952 (central act 60 of 1952) or any matter pending before a court; (d) any complaint filed after the expiry of three years from the date on which the matter complain against have taken place: provided that ..... " chapter vii-a of the act headed 'distraint' provides for recovery of debt or outstanding by distraining while in the possession of the defaulter any crops or other products of the earth standing or ungathered on the .....

Harminder Singh Vs. Rajinder Singh and ors.

Court : Punjab and Haryana

Reported in : (2010)158PLR570

..... , though not admitted, it is presumed that appellant was defaulter of the loan amount as far as cooperative society is concerned, even then same is not a ground for disqualification either under section 208 of the punjab panchayati raj act, 1994 (for short 'act no. ..... 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, 1960 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 or profit under a panchayat or a municipality; or(g) if he holds an office of profit under the government of india or any state government; or(h) if he is ..... , panchayat samiti or zila parishad;(c) has been convicted of any offence involving moral turpitude or an offence implying of any defect of a sarpanch or panch of gram panchayat or member of a panchayat samiti or zila parishad, unless a period of five years has elapsed since his conviction; or(d) has been convicted of an election offence; or(e) has been ordered to give security for good ..... on a careful reading of the aforesaid two provisions, which provides disqualification for a member to contest an election of a gram panchayat or of block samiti, the ground of being a defaulter to a cooperative society is conspicuously absent in both the ..... the case are that elections for the gram panchayat brahman majra were held on 26.5.2008 .....

Virendra Ragwani Vs. State and ors

Court : Rajasthan Jodhpur

..... , had an occasion to examine the importance of the experience required in services including panchayat raj service and observed as under:- the panchayati raj institutions as per schedule-xi of the constitution of india read with rajasthan panchayati raj act, 1994 and the rules framed -24- thereunder are having a very significant role in nation building by extending and implementing various developmental plans. ..... ), junior engineer, gram rozgar sahayak, data entry operator, computer operator with machine, lekha sahayak, lower division clerk, co-ordinator iec, coordinator training, coordinator supervision, other than through placement agency, in mgnrega or in any other scheme of the department of rural development and panchayati raj in the state. ..... chapter xii of the rules of 1996 relates to the recruitment of staff for the panchayati raj institutions and to regulate other service conditions for the employees. ..... ), junior engineer, gram rozgar sahayak, data entry operator, computer operator with machine, lekha sahayak, lower division clerk, co-ordinator iec, coordinator training, coordinator supervision in mahatma gandhi national rural employment guarantee scheme (hereafter referred to as mgnrega') or in any other scheme of -6- the department of rural development and panchayati raj in the state of rajasthan are entitled to have additional weightage as specified by the state government while getting their candidature considered for recruitment. .....

Archana Vs. State and ors

Court : Rajasthan Jodhpur

..... , had an occasion to examine the importance of the experience required in services including panchayat raj service and observed as under:- the panchayati raj institutions as per schedule-xi of the constitution of india read with rajasthan panchayati raj act, 1994 and the rules framed -24- thereunder are having a very significant role in nation building by extending and implementing various developmental plans. ..... ), junior engineer, gram rozgar sahayak, data entry operator, computer operator with machine, lekha sahayak, lower division clerk, co-ordinator iec, coordinator training, coordinator supervision, other than through placement agency, in mgnrega or in any other scheme of the department of rural development and panchayati raj in the state. ..... chapter xii of the rules of 1996 relates to the recruitment of staff for the panchayati raj institutions and to regulate other service conditions for the employees. ..... ), junior engineer, gram rozgar sahayak, data entry operator, computer operator with machine, lekha sahayak, lower division clerk, co-ordinator iec, coordinator training, coordinator supervision in mahatma gandhi national rural employment guarantee scheme (hereafter referred to as mgnrega') or in any other scheme of -6- the department of rural development and panchayati raj in the state of rajasthan are entitled to have additional weightage as specified by the state government while getting their candidature considered for recruitment. .....

Ranveer Deharu Vs. State and ors

Court : Rajasthan Jodhpur

..... , had an occasion to examine the importance of the experience required in services including panchayat raj service and observed as under:- the panchayati raj institutions as per schedule-xi of the constitution of india read with rajasthan panchayati raj act, 1994 and the rules framed -24- thereunder are having a very significant role in nation building by extending and implementing various developmental plans. ..... ), junior engineer, gram rozgar sahayak, data entry operator, computer operator with machine, lekha sahayak, lower division clerk, co-ordinator iec, coordinator training, coordinator supervision, other than through placement agency, in mgnrega or in any other scheme of the department of rural development and panchayati raj in the state. ..... chapter xii of the rules of 1996 relates to the recruitment of staff for the panchayati raj institutions and to regulate other service conditions for the employees. ..... ), junior engineer, gram rozgar sahayak, data entry operator, computer operator with machine, lekha sahayak, lower division clerk, co-ordinator iec, coordinator training, coordinator supervision in mahatma gandhi national rural employment guarantee scheme (hereafter referred to as mgnrega') or in any other scheme of -6- the department of rural development and panchayati raj in the state of rajasthan are entitled to have additional weightage as specified by the state government while getting their candidature considered for recruitment. .....

State and ors Vs. Archana

Court : Rajasthan Jodhpur

..... , had an occasion to examine the importance of the experience required in services including panchayat raj service and observed as under:- the panchayati raj institutions as per schedule-xi of the constitution of india read with rajasthan panchayati raj act, 1994 and the rules framed -24- thereunder are having a very significant role in nation building by extending and implementing various developmental plans. ..... ), junior engineer, gram rozgar sahayak, data entry operator, computer operator with machine, lekha sahayak, lower division clerk, co-ordinator iec, coordinator training, coordinator supervision, other than through placement agency, in mgnrega or in any other scheme of the department of rural development and panchayati raj in the state. ..... chapter xii of the rules of 1996 relates to the recruitment of staff for the panchayati raj institutions and to regulate other service conditions for the employees. ..... ), junior engineer, gram rozgar sahayak, data entry operator, computer operator with machine, lekha sahayak, lower division clerk, co-ordinator iec, coordinator training, coordinator supervision in mahatma gandhi national rural employment guarantee scheme (hereafter referred to as mgnrega') or in any other scheme of -6- the department of rural development and panchayati raj in the state of rajasthan are entitled to have additional weightage as specified by the state government while getting their candidature considered for recruitment. .....

Kuriyakose Thomas Vs. Ombudsman for Lsgi

Court : Kerala

..... the learned senior counsel, sri.renjith thamban, appearing for the 5th respondent would rely on section 218 of the kerala panchayath raj act, 1994, to contend that all rights and liabilities of the government in relation to water courses including "standing and flowing water" shall vest ..... it is also to be noticed that the iiird schedule of the kerala panchayath raj act, 1994, dealing with the functions of village-panchayath, includes, under the head mandatory functions, as item no.4 "preservation of ponds and ..... be noticed that section 3 of the act of 2003 is subject to the provisions of section 218 of the kerala panchayath raj act, 1994. ..... self government institutions has been constituted under chapter xxv b of the panchayath raj act. ..... : institution means any affirmation that such local self government institution has defaulted or acted in excess of its powers in the discharge of its functions imposed on it by law or in implementing the lawful orders and directions of the government; (1)(c) 'complaint' means a statement of allegation that a public servant or a local self government institution is ..... the contention of vesting under section 218 of the panchayath act cannot necessarily clothe the panchayath with the power to fill up the pond, since the statutory mandate is to ..... against the public servant the allegation should be either of an abuse of position, an act vitiated by personal interest or improper or corrupt motives, an act of corruption etc or any act causing loss to the lsgi. .....

Nirmala Bagodi Vs. The State of Karnataka

Court : Karnataka

..... court through the ruling of the apex court reported in 2012 (3) scc188 therein the hon ble apex court, while dealing with the issue of disqualification, u/s 10 (f) of the goa panchayat raj act 1994, held that by operation of personal law i.e portuguese civil court 1860 r/w s.5-a of the income tax act 1961, resulted in a community of property and the spouse under the personal law became entitled to a share in the property of the other spouse. ..... contend that it is undisputed that both the petitioners and their spouses are hindus and governed by hindu law and it is not in doubt that both under sections 10 and 15 of hindu succession act, the respective spouses fall in the category entitling them to a right at the first instance and hence he would contend that the contention of the learned senior counsel that the application which describes the ..... is the sections 12(h), 128(1)(i) and 167(1)(k) of the karnataka gram swaraj and panchayat raj act, 1993 or section 16(1)(k) of the karnataka municipalities act, which provide for disqualification on the ground of holding a direct ..... of a statute and in particular for ascertaining the purpose thereof, the entire act has to be read as a whole and then chapter by chapter, section by section and word by word. ..... case where interpretation of a section vis-`-vis the scheme of the act, the purport and object of the legislation, particularly having regard o the mischief it seeks to remedy; the chapter heading as also the marginal note, in our opinion, are .....