Judgment Search Results Home > Cases Phrase: manipur panchayati raj act 1994 chapter iii gram panchayats Court: kerala Page 1 of about 47 results (0.129 seconds)

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. .....

Ushakumar Vs. Seetharaman

Court : Kerala

Reported in : 2004(1)KLT428

..... the short question is whether the ombudsman appointed under the kerala panchayat raj act, 1994 (for short, the act) is invested with any statutory power, authority or jurisdiction to issue ..... the kerala panchayat raj act, 1994 was enacted by the kerala legislative assembly in tune with the ..... on such disclosure being made, the panchayat will verify the lands specified and only thereafter grant licenses or permissions under the panchayat raj act for starting or running any industry or manufacture or process based on clay, earth or mud and bearing in mind the relevant laws including the kerala ..... - (i) award of compensation to a citizen in case of loss or grievance:(ii) order the recovery of loss caused to the local self government institution from the person responsible:(iii) order the supply of omission or rectification of defects due to inaction:(iv) order the recovery of loss from the accused failing which, order realisation through revenue recovery proceedings;(v) order other necessary remedial ..... as defined under the above chapter means 'an employee or officer under the local self government institution or an elected member of the local self government institution including its president or chairperson and includes an employee or officer of any office or institution transferred to the local self government institution under the provisions of this act.'13. ..... thus, it is clear that chapter ix which was enacted in the constitution by the 73rd amendment ensures a security of tenure to .....

Antony K.P. Vs. Chellanam Grama Panchayath and ors.

Court : Kerala

Reported in : 2009(2)KLJ655

..... for the devolution of powers, and responsibilities upon panchayats at the appropriate level subject to such conditions as may be specified therein, with respect to:(a) the preparation of plans for economic development and social justice;(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule.the preamble to the kerala panchayat raj act 1994 is a reproduction of article 243g and reads thus ..... not an appealable order under section 276 of the kerala panchayat raj act, 1994 and therefore the appeal itself is not maintainable. ..... kerala panchayat raj act, 1994 is enacted under the mandate of part ix of the constitution of india inserted by the constitution (seventy third amendment) act, 1992 ..... section 156(1) of the kerala panchayat raj act defines the functions of the president ..... is only a statutory reiteration of the earlier resolution in view of the request of the secretary to review the same as provided under the proviso to section 182(iii) of the act/since, the panchayat refused to review the earlier decision and upheld the previous decision, in effect what is in force is the original resolution itself and no new decision comes into effect ..... and others for installing towards will have necessarily to comply with the statutory provisions contained in chapter xix of the kerala municipal building rules, 1999 which permits construction of telecommunication towers over .....

Mather Projects Pvt. Ltd. and Noor Mohammed Noorisha Vs. Government of ...

Court : Kerala

..... karunakaran, who appeared in the connected writ petitions supported the above submissions and further submitted that the grama panchayat has issued the noc, under the provisions of chapter xxi of the kerala panchayat raj act, 1994. ..... though several reliefsare sought, the main reliefs pressed before us in these writ petitions are the following:(i) declare that rule 3(iii) of the kerala municipality building rules which deals with the applicability of building rules to grama panchayats, being a rule framed under the municipality act, cannot have any application to the panchayats and therefore, the said sub-rule is ultra vires. ..... the proposed) shall be taken into account;(ii) all lands which is proposed to be developed or redeveloped for construction of building;(iii) all developments and constructions existing or proposed in any village panchayat area to which the provisions of these rules stand extended.sub-rule (iii) of rule 3, provides that, all developments and constructions existing or proposed in any village panchayat area to which the provisions of these rules are extended, shall also be covered by the kerala municipality building rules. ..... the learned counsel also submitted that rule 3(iii) of the building rules is unauthorised. ..... so, sub-rule (iii) of rule 3 of the kerala municipality building rules, 1999 is intra-vires and does not suffer from any infirmity.9. .....

K.A. Jose Vs. R.T.O. and anr.

Court : Kerala

Reported in : 2008(1)KLJ128

..... has been defined in section 2(1)(i) of the act to mean grama panchayat constituted under the kerala panchayat raj act, 1994 or a town panchayat, a municipal council or a municipal corporation constituted under the kerala municipality act, 1994 (20 of 1994) or a cantonment declared under the cantonments act, 1924. ..... the writ petitioners have sought for a declaration that section 2(1)(d), 2(1)(g), 2(1)(i) and section 3 of the kerala tax on entry of goods into local areas act, 1994 (in short 'entry tax act') are discriminatory and ultra vires of articles 14, 19(1)(g), 246, 265, 286, 301, 304(a), 304(b) and other consequential reliefs. ..... .provided that no tax shall be levied and collected in respect of any motor vehicle which was registered in any union territory or any other state under the provisions of the motor vehicle act, 1998 (central act 59 of 1988), prior to a period of fifteen months or more from the date on which it is registered in the state:provided further that no tax shall be levied and collected in respect of any goods which is the property of ..... facts found that levy of entry tax is not compensatory in nature, therefore discriminatory and the impugned levy is violative of articles 14, 301 and 304 of chapter xiii of the constitution of india. ..... of article 303 imposes additional limitation, namely, that it must not give preference or make discrimination between one state or another in exercise of its powers relating to trade and commerce under entry 26 of list ii or list iii. .....

T.R. Ravi Vs. Ali Kunhu and anr.

Court : Kerala

Reported in : 2008(1)KLJ400

..... writ petition under article 227 of the constitution of india raises the question as to whether the competence of a court of exclusive territorial jurisdiction to try an election petition under the kerala panchayat raj act, 1994 - 'act', for short - depends upon it being notified under section 88(2) of that act.the brief undisputed facts: poothady grama panchayat is a village panchayat constituted under the act. ..... therefore, to the extent, a new munsiff's court or a district court comes into being as a result of its constitution and the headquarters of any panchayat falls exclusively within the territorial jurisdiction of that new court, the competence to try election petition in relation to that panchayat will stand trimmed and conferred on that court alone, even if it is one constituted after the issuance of any notification by the government under section 88(2) and even if such notification continues to show ..... article 243-o(b) of the constitution enjoins,among other things,that not with standing anything contained in the constitution, no election to any panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for, by or under any law made by the legislature of a state ..... answer to the issue in hand depends on the proper interpretation and construction of the relevant provisions of chapter x of the act, particularly section 88 herein, in the backdrop of the constitution.7. ..... 2005 without delay;(iii) no costs. .....

Jose Augustine and anr. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1999Ker293

..... act of 1994 replaced the old act and the preamble of the act states that it is intended to establish a three-tier panchayat raj system in the state in line with the constitution (seventy-third amendment) act, 1992, for securing a greater measure of participation of the people in planned development and in local governmental affairs, by constituting village, block and district panchayats ..... held as follows :'a co-operative society, as a gram panchayat, is a basic democratic unit intended to help its members to manage some of their affairs for themselves in ..... the constitution and powers of municipal corporations, improvement trusts, districts, boards, mining settlement authorities and other local authorities for the purpose of loeal self-government or village administration' has enacted the panchayath raj act, 1994. ..... (1972) 2 andh wr 30 a learned judge of the andhra pradesh high court dealing with section 51 of the andhra pradesh gram panchayat act held that the dominant intention is to see that a person who has forfeited the confidence of the bulk of the members should not be allowed to remain in ..... to accept the contrary provision, namely that the president or vice-president once elected by the members of the panchayat to continue till the term of office will be inconsistent with the democratic fabric of the constitution and the frame ..... procedure and conduct of business in kerala legislative assembly provides for moving the motion of no confidence against ministers under chapter xii. .....

Thressiamma L. Chirayil Vs. State of Kerala

Court : Kerala

Reported in : 2007(1)KLT303; (2007)7VST293(Ker)

..... has been defined in section 2(1)(i) of the act to mean grama panchayat constituted under the kerala panchayat raj act, 1994 or a town panchayat, a municipal council or a municipal corporation constituted under the kerala municipality act, 1994 (20 of 1994) or a cantonment declared under the cantonments act, 1924. ..... writpetitioners have sought for a declaration that section 2(1)(d),2(1)(g), 2(1)(i) and section 3 of the kerala tax on entry of goods into local areas act, 1994 (in short 'entry tax act') are discriminatory and ultra vires of articles 14, 19(1)(a), 19(1)(g), 246, 265, 286, 301, 304(a), 304(b) and other consequential reliefs. ..... .provided that no tax shall be levied and collected in respect of any motor vehicle which was registered in any union territory or any other state under the provisions of the motor vehicle act, 1998 (central act 59 of 1988), prior to a period of fifteen months or more from the date on which it is registered in the state:provided further that no tax shall be levied and collected in respect of any goods which is the property of ..... found that levy of entry tax is not compensatory in nature, therefore discriminatory and the impugned levy is violative of articles 14, 301 and 304 of chapter xiii of the constitution of india. ..... of article 303 imposes additional limitation, namely, that it must not give preference or make discrimination between one state or another in exercise of its powers relating to trade and commerce under entry 26 of list ii or list iii. .....

Suresh Vs. State of Kerala

Court : Kerala

Reported in : 2005(1)KLT848

..... contended by the counsel for the petitioners that the state has made a special reservation for women belonging to scheduled caste/scheduled tribe by the second proviso to section 153(4)(d) of the kerala panchayat raj act, 1994 which counsel submitted would violate the principles of equality and state legislature is incompetent to make the legislation overriding the provisions contained in article 243d of the constitution and that the second proviso ..... syllogismis unimpeachable in ourlegal system andhas constitutional support in articles 14, 15(3) and 16, article 243d(4) and the directive principles of state policy read with second proviso to section 153(4)(d) of the kerala panchayat raj act, 1994, adopting the above mentioned reasoning within the frame work of our constitution, second proviso to section 153(4)(d) reserving office of the chairman to women belonging to scheduled caste/scheduled tribe is not ..... we therefore hold-(i) second proviso to section 153(4)(d) of the kerala panchayat raj act, 1994 reserving the post of chairman to women belonging to scheduled caste/scheduled tribe is not unconstitutional and it does not violate the equality clause enshrined ..... shree priya, research scholars of indian law institute (kerala chapter) to assist the court as amicus curie and they ..... (iii) the second proviso to section 153(4)(d) is not liable to be struck down on the ground that the reservation of the post of president to women belonging to scheduled caste/scheduled tribe would amount .....

Returning Officer Vs. Chamiyar

Court : Kerala

Reported in : 2006(2)KLT878

..... view learned single judge was not justified in referring the dispute to the election commission under section 34(2) of the kerala panchayat raj act, 1994 to resolve the question as to whether returning officer was right in rejecting the nomination of the petitioner. ..... fall under section 34(1)(j) of the act, hence there is no question of referring the dispute to the election commission under section 34(2) of the panchayat raj act, 1994. ..... counsel also submitted that learned single judge was also not justified in invoking section 34(2) of the kerala panchayat raj act in directing the state election commission to consider the objection raised by the petitioner against the rejection of the petitioner's nomination ..... by the interim order passed by the learned single judge directing the state election commission to consider and pass orders on ext.p3 in exercise of the powers under section 34(2) of the kerala panchayat raj act within a period of three days of receipt of the order.2. ..... with in chapter ix of the panchayat raj act. ..... for being a member of a panchayat at any level, if he-(a) is so disqualified by or under any law, for the time being in force, for the purposes of elections to the legislative assembly; or(b)(i) has been sentenced by a court or tribunal to imprisonment for a period not less than three months for an offence involving moral turpitude;(ii) has been found guilty of an offence of corruption by a competent authority under any law in force;(iii) has been held personally liable .....