Judgment Search Results Home > Cases Phrase: manipur panchayati raj act 1994 chapter iii gram panchayats Page 1 of about 994 results (0.119 seconds)

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

Court : Allahabad

..... panchayat raj act, 1947, gram panchayats have to be constituted under chapter iiia of the u.p. ..... 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 tendered by a state election commissioner and an argument contrary to it is not ..... "chapter iii-a 11-a. ..... i have reason to believe that mandatory provisions enshrined under article 243 o (b) of the constitution escaped the notice of state legislature while inserting sub-clause (iii) (a) in clause (g) of sub-sec. (1) of s. 95 of u.p. ..... iii) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to hold an inquiry and take appropriate action in regard to corruption and financial irregularities by respondent no.5. .....

Singam Satyanarayana and ors. Vs. Election Officer and Deputy Chief Ex ...

Court : Andhra Pradesh

Reported in : 2005(6)ALT1

..... under the andhra pradesh panchayat raj act, 1994 (for short 'the act'), panchayats a defined expression under article 243(d) at various levels as contemplated under article 243b are created. ..... pursuant to the said constitutional amendment, the state of andhra pradesh made a new enactment called the 'andhra pradesh panchayat raj act, 1994' by which enactment three of the earlier enactments i.e. ..... : (1) every parishad shall consist of the following members, namely,-(i) persons elected under section 151;(ii) the member of the legislative assembly of the state representing a constituency which comprises either wholly or partly the mandal concerned;(iii) the member of the house of the people representing a constituency which comprises either wholly or partly the mandal concerned;(iv) any member of the council of states who is a registered voter in the mandal concerned. ..... , andhra pradesh gram panchayats act, 1964, the andhra pradesh mandala praja parishads, zilla praja parishads and zilla pranalika and abhivrudhi sameeksha mandals act, 1986 and the andhra pradesh local bodies electoral reforms act, 1989 were repealed to bring the law in consonance with the provisions of the constitution as introduced by the 73rd constitution amendment act.20. ..... the local self-government is an ideal enshrined under article 40 of the constitution of india occurring in the chapter of the directive principles. .....

Arka Vasanth Rao and Others Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Reported in : AIR1995AP274; 1995(1)ALT600

..... the writ petition, we declare that the andhra pradesh panchayat raj act, 1994 (act 13 of 1994) has no application to the scheduled areas in the state of andhra pradesh and consequently, elections under the said act could not be held in the scheduled areas. ..... reasons we hold that the application of the andhra pradesh panchayat raj act, 1994 (act 13 of 1994) to the scheduled areas in the state is clearly unconstitutional ..... seeking a declaration byta mandamus that the andhra pradesh pan-chayat raj act, 1994 (act 13 of 1994) (hereinafter referred to as 'the act') is not applicable to the scheduled areas in the state of andhra pradesh, as declared by the president of india under the v schedule to the constitution of india, and a consequential direction restraining the state of andhra pradesh ..... part-ii of the act deals with the panchayat system at the village level -- gram panchayat; part-iii of the act concerns with the constitution, incorporation, composition, powers and functions of mandal pari-shads -- intermediate level; and part-iv, likewise, concerns with district level institutions -- ..... in this part shall apply to- a) the states of nagaland, meghalaya and mizoram; b) the hill area in the state of manipur for which district councils exist under any law for the time being in force. ..... indiaproves that with primitive peoples any othersystem is certain to work the greatest injustice.chapter 5 of the government of india act, 1935 comprising ss. ..... chapter 1 of part-xi of the constitution -- .....

Muku Bai Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 1998(2)MPLJ661

..... chapter ii deals with gram sabha and chapter iii deals with establishment of panchayats and section 21 of the act of 1994 deals with no confidence motion against sarpanch and up sarpanch, which reads as under :'section 21. ..... 21 says that no confidence motion shall be passed by majority of not less than three fourth of the panchas present and voting and such majority is more than two third of the total number of panchas constituting the gram panchayat for the time being- sub-section (2) of section 21 says that a sarpanch or up-sarpanch shall not preside over a meeting in which a motion of no confidence is discussed against him. ..... , the prescribed authority shall satisfy himself about the admissibility of the notice with reference to sections 21(3), 28(3) and 35(3), as the case may be and he shall fix the date, time and place for the meeting of the gram panchayat, janpad panchayat or zila panchayat, as the case may be, 'which shall not be more than fifteen days from the date of receipt of the said notice. ..... panchayat raj adhiniyam, 1993, are materially different; therefore, the ratio given in shankerlal's case (supra) will not have bearing on these rules.6. ..... the madhya pradesh panchayat raj adhiniyam, 1993, was enacted by act no. .....

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

Court : Allahabad

..... panchayat raj act has also made the similar provision under section 5-a (c) of chapter ..... 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 ..... independent and effective functioning of the state election commission, where it feels that it is not receiving the cooperation of the state government concerned in discharging its constitutional obligation of holding the elections to the panchayats or municipalities within the time mandated in the constitution, it will be open to the state election commission to approach the high courts, in the first instance, and thereafter the supreme court for a ..... the arguments of five tests, namely, (i) whether the government makes the appointment to the office; (ii) whether government has the right to remove or dismiss the holder of office; (iii) whether the government pays the remuneration; (iv) what are the functions which the holder of the office performs and does he perform them for the government; and (v) does government exercise ..... 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; *** .....

Som Lal Vs. Vijay Laxmi

Court : Punjab and Haryana

Reported in : (2006)143PLR81a

..... following question of law has been referred by the learned single judge for adjudication by a larger bench:whether election of sarpanch/member of a gram panchayat can be set aside on the basis of disqualifications contemplated under section 208 of the punjab panchayati raj act, 1994 or it can be set aside only on the basis of disqualifications enumerated in section 11 of the punjab state election commission act, 1994?2. ..... chapter v enlists properties, funds, finance and accounts of the gram panchayat. ..... 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 state government; or(h) if he is interested in any subsisting contract made with, or any work being done ..... chapter iii (sections 5 to 10), of this act pertains to the service conditions of election commissioner. ..... chapter iii of the act provides 'functions, powers and duties of gram panehayats'. ..... chapter ii of the act, captioned as 'gram sabhas and gram panehayats' provides establishment and constitution of the 'gram sabhas', their meetings and quorum, object and annual reports and functions. .....

Village Panchayat, Calangute Vs. the Additional Director of Panchayat- ...

Court : Supreme Court of India

..... panchayat raj act, 1994 (for short, 'the act') or any other statutory dispensation existing prior to the enactment of the act has the locus to file a petition under article 226 and/or 227 of the constitution for setting aside an order passed by the designated officer exercising the power of an appellate authority qua the action/decision/resolution of the village panchayat ..... was introduced is evinced from the first two paragraphs of the statement of objects and reasons, which are extracted below: "though the panchayati raj institutions have been in existence for a long time, it has been observed that these institutions have not been able to acquire the ..... in chapter iii of the act shows that a panchayat is generally required to perform the functions specified in schedule i and also make provision for carrying out any other work or measures likely to promote the health,safety, education, comfort or convenience or social or economic well-beingof the inhabitants of the panchayat area.it also has the power to do all acts necessary ..... areas referred to in clause (2) of article 244, the states of nagaland, meghalaya and mizoram, hill areas in the state of manipur for which district councils exist as also the hill areas of darjeeling. ..... chapter i of the act contains definitions of various terms including" panchayat" which means a village panchayat established under section 3.chapter ii contains provisions relating to gram sabha and constitution of panchayats including election to the panchayats .....

Jakir HussaIn and anr. Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : [2007(4)JCR120(Jhr)]

..... provisions of section 8 as also rule 2003 and the impugned letter issued by the principal secretary to the government, panchayati raj department, which has been issued in the line of the provisions made in the said panchayat act and rule 2003, have been sought to be assailed and declared as ultra vires to article 243(b) of the ..... writ petition, the petitioners have made the following prayers : (i) for declaring the provisions of section 8 of the jharkhand panchayat raj act, 2001 (hereinafter to be referred as the 'panchayat act') ultra vires, illegal and beyond the legislative competence of the state of jharkhand, being contrary to the provisions contained in part-ix of the constitution of india; (ii) for declaring rule 5(ga) of jharkhand gram sabha (gathan, baithak ki parkriya ewam kamkaj ka sanchalan) niyamawali, 2003 (hereinafter to be referred as 'rule 2003 ..... section 8(iii) of the said panchayat act provides that the meetings of the gram sabha in the 'scheduled areas' shall be presided over by a member of scheduled tribe, who is neither a mukhia nor up-mukhia nor a member of the concerned panchayat, rather the meetings of the said gram sabha shall be presided over by a person, who, according to the custom, is recognized as gram pradhan; such as manjhi, munda, pahan, mahto or by whatever name he is known, or by the person proposed by such gram pradhan or by the ..... various definitions and is the opening provision of chapter 'panchayat' in part ix of the constitution of india .....

Omanakuttan Vs. Sajan Thomas

Court : Kerala

Reported in : 2004(2)KLT891

..... state legislature as empowered under article 243 enacted the kerala panchayat raj act, 1994 in replacement of the then existing enactments relating to the panchayat and district councils. ..... according to the learned counsel for the respondent, what is prohibited as per section 76(3) of the kerala panchayat raj act is no person shall vote at a general election in more than one constituency of the same level ..... their votes were excluded then the votes polled in favour of the petitioner and the first respondent are equal in number and if that be the position, recourse has to be made under section 104 of the panchayat raj act by putting the name to lots to decide the result. ..... if so, the provisions contained in section 76 of the kerala panchayat raj act is attracted and thus the votes cast in both the constituencies are to be rendered ..... learned counsel however, contended that as per section 76(3) of the kerala panchayat raj act, in order to fall within the mischief of double voting the vote should have been cast in the same constituency of the same panchayat of the same level. ..... going by the language used in section 76(3) of the kerala panchayat raj act, it admits of no doubt that the legislature has only intended that a person shall not cast his vote in more than one constituency irrespective of whether it is in the same panchayat or in different panchayats. ..... chapter iii of the act deals with constitution of panchayat at different ..... of electoral rolls is dealt with in chapter vi of the act. .....

Sri.vijayakumar Hemareddi Hallikeri Vs. The State Of Karnataka

Court : Karnataka Dharwad

..... karnataka gram swaraj and panchayat raj act, 1993 (hereinafter referred to as the act , for short), to constitute a panchayat, 2/3rd ..... counsel appearing for the petitioners has contended that the petitioners are duly elected members of 5th respondent gram panchayat in the election held on 04.04.2016 and they have been declared as elected members by the ..... the government by replacing the said act, has enacted the panchayat raj act, 1993 with an object to establish three-tier panchayat raj 11 system in the state with the elected bodies at grama, taluk and district levels for greater participation of the people and more ..... by reading the above provision and the judgment, it is very clear that the intention of the legislature that the effect of expression the elected member of the grama 19 panchayat cease to be member as used in section 8(3) is to state that for the purpose of exercising their duties and functions as such members they cease to have any right or status ..... 8 stating that upon the appointment of the administrator or the administrative committee by the deputy commissioner, the persons who were chosen as members of the grama panchayat earlier to such appointment shall cease to be members of the grama panchayat and all powers and duties of the panchayat shall be exercised and performed by the administrative committee or the administrator has to be understood keeping in mind the provisions contained in sub-clause (6) of section ..... chapter iii deals with constitution of grama panchayat .....