Court : Andhra Pradesh
Reported in : 2005(1)ALD181; 2005(1)ALT426
..... as per article 243n of the constitution of india, any law relating to panchayats, which is inconsistent with the provisions of part ix of the constitution of india shall have no enforceability and indeed panchayat raj act, 1994 is a legislation repealing 1964 act keeping in view the provisions of articles 243 to 243-0 of the constitution of india. ..... so made, or where any member himself entertains any doubt whether or not he has become disqualified under any of those sections, such member, or any other member may, and the executive authority, at the direction of the gram panchayat or the commissioner shall, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, applied to the (district court) having jurisdiction over the area in which the ..... (iii) on receipt of such complaint in writing, the executive authority has to inform the district panchayat officer, who in turn will send an intimation to the member or sarpanch, who allegedly incurred the disqualification; (iv) on receipt of such intimation, if there is any dispute as to disqualification alleged, the member or any other member of the gram panchayat, or panchayat secretary or the commissioner, are entitled to apply to the district court for a decision as to whether a member or sarpanch incurred disqualification and (v) such application to the district court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD445; 2008(4)ALT287
..... . seshadri naidu, tried to impress upon this court by drawing my attention to various provisions of the andhra pradesh panchayat raj act, 1994 (for short, 'the act') and submitted that only orders with regard to licences and permissions are appealable and as the order dated 15-03-2008 passed by the panchayat secretary is revocation of the leasehold rights, it cannot be said that it is also an appealable order ..... . no doubt, learned counsel for the petitioner raised various contentions, including the contention that there is no delegation of any powers by the gram panchayat in favour of the panchayat secretary and no material is placed establishing such delegation, and that the re-auction had taken place collusively, as the highest bid in the first auction is rs ..... respondent contends that it is only as the petitioner failed in his contractual obligation, it necessitated the gram panchayat to issue a fresh auction notification calling for tenders and that the fifth respondent participated in the auction and became the highest bidder and if the petitioner has any grievance, his remedy is by way of filing an appeal provided for under section 128 of the act only, but not a writ petition invoking the jurisdiction of this court under ..... . chapter vi of the act deals with general and miscellaneous powers of the gram panchayat and section 127 of the act deals with general provisions regarding licences and permissions .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD657; 2008(2)ALT768
..... panchayat raj act, 1994 (for short 'the act') has been enacted to provide for the constitution of gram panchayats, mandal parishads, zilla parishads and for matters connected therewith or incidental thereto ..... perusal of the said notification of the state election commission would go to show that the election notification for conducting elections to adireddypalle gram panchayat was issued on 15.7.2006 and the 7th respondent-moode kote naik filed nominations for both sarpanch and ward member of ward no. ..... exercise of powers conferred by section 233 and sub-section (1) of section 268, the governor of andhra pradesh made rules called 'the andhra pradesh panchayat raj (election tribunals in respect of gram panchayats, mandal parishads and zilla parishads) rules, 1995.13. ..... panchayat raj (election tribunals in respect of gram panchayats, mandal parishads and zilla parishads) rules, 1995 (for short 'the rules, 1995 ..... panchayat raj (conduct of elections) rules, 2006 (for short 'the rules, 2006') duly declaring the petitioner elected sarpanch of the said gram panchayat on 23.7.2006 ..... been materially affected,(i) by the improper acceptance of any nomination, or(ii) by any corrupt practice, committed in the interest of the returned candidate by an agent other than his election agent, with the connivance of the returned candidate, or(iii) by any improper reception, refusal, or rejection of any vote, or the reception of any vote which is void,(iv) by any non-compliance with the provisions of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD817; 2007(6)ALT27
..... : 2007(1)ald520 , in support of the contention that when sixth respondent got elected claiming himself to be a candidate belonging to bc based on a fraudulently obtained certificate, the availability of alternative remedy under section 233 of andhra pradesh panchayat raj act, 1994 (the act, for brevity) is not a bar to seek judicial review. ..... legislature enacted panchayat raj act, 1994, which came into force with effect from 30.5.1994. ..... panchayat raj (election tribunals in respect of gram panchayats, mandal parishads and zilla parishads) rules, 1995 (hearafter the rules). ..... commencing with non-abstante clause, it provides that the validity of an election to gram panchayat shall be called in question only by an election petition. ..... this writ petition seeks writ of quo warranto against sixth respondent herein to disclose the authority under which he is holding office of sarpanch of thiruchanoor gram panchayat and for a further direction to vacate the office of the sarpanch. ..... of any nomination, or(ii) by any corrupt practice, committed in the interest of the returned candidate by an agent other than his election agent, with the connivance of the returned candidate, or(iii) by the improper reception, refusal or rejection of any vote, or the reception of any vote which is void,(iv) by any non-compliance with the provisions of the act, or any rules or orders made under the act,(a) the election tribunal shall declare the election of the returned candidate to be void. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)114PLR66
..... these petitions involve determination of a short but important question relating to the interpretation of the provisions contained in sections 7 and 9 of the haryana panchayati raj act, 1994 (for short, the act of 1994).2. c.w.p. no. ..... section 2(lxxii) defines 'zila parishad' as a zila parishad constituted at the district level under the act; chapter-iii of the act deals with sabha area establishment and constitution of gram sabha and gram panchayats. ..... petitioner-madhu bakshi has stated that she was desirious of contesting election of sarpanch, gram panchayat of village duliani, tehsil and district ambala, as a candidate of general category, but by order annexure p.6 dated 29.9.1994 the additional deputy commissioner, ambala, has treated village duliani as reserved for the purpose of election to the office of sarpanth. ..... is that although as per the provisions of section 7(2) of the act, the demarcation of sabha area is required to be done by taking into consideration the population ascertained on the basis of last preceding decennial census and reservation of the seats for the gram panchayat is also required to be done keeping in view the total population of the area, the respondent-government of haryana has taken into consideration the population figures arbitrarily determined by it on the basis of figures available in the year 1994. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... however, make it clear that the view taken by us in the present case applies only to the service constituted under section 89 of the act, 1994 or under section 86 of the act, 1959; but will not apply to other employees of the panchayati raj institution who are not the members of the panchayat service. ..... . it is further asserted that notification dated 23rd april, 1999 introducing the rajiv gandhi swaran jayanti pathshala scheme was issued by the state in exercise of powers under section 8e of the act of 1994 delegating the powers to gram sabha to prepare merit list on the basis of percentage of marks obtained by the candidates under various heads for selection and appointments para teachers in primary/upper primary schools/rajiv gandhi ..... deputy district edu-cation officer (where the mat-ter before said committee relates to the appointment of, or disciplinary proceedings against, a teacher of a primary school); and(ii) chief executive officer; and (iii) senior deputy district education officer (where the matter before said committee relates to the appointment of, or disciplinary proceedings against, a teacher of a primary school); and(iv) an officer nominated by the competent authority(iv) an officer nominated by ..... this part 'shall apply to-(a) the states a nagaland, meghalaya and mizoram;(b) the hill areas in the state of manipur for which district councils exist under any law for the time being in force. ..... . chapter xii of the rules of 1996 provides for process of recruitment and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1998P& H31; (1997)117PLR218
..... its powers vested under the act and rule 24 of the haryana panchayati raj act (election) rules, 1994, issued a notification dated 30-11-1994 calling upon the residents of haryana to elect its panchas, sarpanchas, members of panchayat samitis and zila parishads. ..... that the haryana legislature was competent to pass the haryana panchayati raj act, 1994 and none of the rights of the petitioners as provided under part-ill of the constitution had been violated and, therefore, the act passed by the legislature was intra vires the provisions of the ..... has outlined the scheme which would be implemented by states by making laws or amending their own existing taws to bring them in conformity with the provisions of 73rd constitution amendment act.13.1 implementing the mandate of the 73rd constitutional amendment act, state of haryana enacted the haryana panchayati raj act, 1994. ..... share or interest in any transanction of money advanced or borrowed from any officer or servant of any gram panchayat; or (i) fails to pay arrears of any kind due by him to the gram panchayat, panchayat samiti or zila parishad or any gram panchayat, panchayat samiti or zila parishad subordinate thereto or any sum recoverable from him in accordance with the chapters and provisions of this act, within three months after a special notice inaccordance with the rules made in this behalf has been ..... violation of any of the fundamental rights guaranteed in part-iii of the constitution or of any other constitutional provision. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1409; 2003(3)WLC481
..... on 03.05.2000, section 19 of the rajasthan panchayati raj act, 1994 (for short, 'the act') was amended by way of insertion of clauses (n), (o) and (p) with effect from 27.12.1999. ..... articles 190(3), 191(1), 192 on the one hand, and article 243f on the other hand are almost mirror images of each other except that the former fall in chapter iii of the constitution dealing with the subject of state legislature and the latter falls in chapter ix dealing with panchayats. ..... even by the second order dated 11.07.2000 the petitioner was placed under suspension from the elected post of sarpanch, gram panchayat, dhunwala, by the development officer, panchayat samiti, mandal.2. ..... on 7.7.2000, as already pointed out, the petitioner was placed under suspension by the divisional commissioner, and a recommendation was made to the state government, for declaring the set of gram panchayat, dhunwala, as vacant. ..... the petitioner as well as other two candidates, namely, ashok kumar birla and shanker lal jat submitted their nomination papers and contested the election for the post of sarpanch, gram panchayat, dhunwala. ..... by the first order dated 7.7.2000 the petitioner, who was elected as sarpanch of gram' panchayat, dhunwala (tehsil mandal) on 31.1.2000, was placed under suspension by the divisional commissioner and a recommendation was made to the state government for declaring the seat vacant since he was elected as a general category candidate, against a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)138PLR871
..... respondent no.l rattan singh challenged the election of the petitioner herein (hereinafter to be referred to as'the elected candidate')by way of election petition under section 176 of the haryana panchayati raj act, 1994 (hereinafter to be referred as 'the act') only on the ground that the elected candidate was defaulter of gram panchayat at the time of filing of nomination papers and, thus, he was ineligible to contest the election of sarpanch.3. ..... or zila parishad or continue as such who -(a) to (h) xx xx xx xx(i) fails to pay any arrears of any kind due by him to the gram panchayat, panchayat samiti or zila parishad or any gram panchayat, panchayat samiti or zila parishad subordinate thereto or any sum recoverable from him in accordance with the chapter and provisions of this act within three months after a special notice in accordance with the rules made in this behalf has been served upon him:(j) to (q) xx xx xx xxexplanation 1: xx xx xx xxexplanation 2: for the purpose of clause (1) -(i) a person shall ..... (iii) under rule ll(l)(f) of the haryana panchayati raj rules, 1995,the elected candidate was not competent to receive any money on behalf of the gram panchayat as it is the sarpanch who alone is authorized to receive the money for and on behalf of the gram panchayat. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2007AP273; 2007(4)ALD783; 2007(5)ALT707
..... he submitted that by virtue of article 243g and schedule xi of the constitution read with sections 45, 161 and 192 of the andhra pradesh panchayat raj act, 1994 (for short, 'the 1994 act') and schedule i appended thereto, the gram panchayats are delegated with the powers and functions of governance at the grass root and, therefore, their exclusion from the list of local authorities must be treated as opposed ..... panchayats owe their existence to the andhra pradesh municipalities act, 1965, the cantonment boards owe their existence to the cantonments act, 1924 (the 1924 act has been repealed by the cantonments act, 2006), and zilla parishads and mandal parishads owe their existence to the andhra pradesh panchayat raj act, 1994 ..... who will be included in the voters list of local authorities' constituency will represent the will of the villagers and non-inclusion of the gram panchayats in the list of local authorities under the fourth schedule of the 1950 act will, in no way, adversely affect their right to choose the members of the legislative council from 'local authorities' constituency'.9. ..... 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 .....
Tag this Judgment!