Judgment Search Results Home > Cases Phrase: manipur panchayati raj act 1994 section 35 functions of gram panchayat Page 1 of about 615 results (0.090 seconds)

Md. Siraj Ahamed Vs. the State Election Commission and ors.

Court : Guwahati

..... and jurisdiction to grant temporary injunction or, to grant it under order 39 rules 1, 2, and 3 entirely vests upon the competent civil court but not to the election tribunal which is not a civil court as enshrined under section 103 read with section 106 of the manipur panchayati raj act, 1994; and apart from it, an election dispute / contest is not an action at law or a suit in equity but is a purely statutory proceeding unknown to common law and the election tribunal do not possess common law power ..... grant of temporary injunction against the respondents restraining them to administer the oath of office as pradhan of the said gram panchayat till the disposal of the main election petition under order 39 rules 1.2 and 3 read with section 151 of the code of civil procedure and after hearing the parties the learned member of the election tribunal, manipur dismissed the application by holding that the election tribunal has no jurisdiction or power to entertain the present application filed ..... kotishwor singh, the learned counsel contended inter alia, that the writ petitioner, the respondent no.4 and other 4(four) persons were the contesting candidates in the election to the pradhan of seat no.7/18, kairang khomidok gram pancnayat and that the election was held smoothly on 31-1-1997; the writ petitioner was declared to have been elected by over 60 (sixty) votes more than his nearest rival candidate, namely, the respondent no.4 and .....

Ram Prakash Singh and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009(3)AWC2333

..... thus apparent that the district magistrate was acting either at the behest of the minister of the direct panchayati raj, who did not succeed in getting their ..... castes category in the office of the district gram panchayat adhikari in district basti. ..... had immediately written to the district magistrate pointing out to the irregularities in the selections in award of marks and the efforts of the district panchayat raj officer to keep the members of the selection committee, in dark about the final list, which was not signed by them. ..... it is further submitted by learned counsels appearing for petitioners that out of 11 candidates in only two cases the district panchayat raj officer as member of the selection committee had awarded lower marks and the mistake pointed out in one case for award of three marks for participation in state level sports in accordance ..... the appointment letters were typed by shri ajay narain pandey, junior clerk/computer operator, at the residence of the deputy director, panchayat raj on 27.1.2007 and had thereafter deleted the typed material both from the computer as well as 'recycle bin'. ..... it was held in this case, that justice i3 not function of the courts alone; it is also the duty of all those ; who are expected ..... bodies, and it is vital to maintain rule of law in welfare of the state, where the jurisdiction of administrative bodies is increasing at a rapid pace that the instrumentality of the state should discharge their functions in a fair and just manner.24. .....

Kerala Government Contractors' Federation Vs. State of Kerala, Represe ...

Court : Kerala

..... point out that under section 2(15) of the kerala panchayat raj act, 1994, panchayat means village panchayat, block panchayat or district panchayat. ..... the constitutional mandate, the kerala panchayat raj act, 1994 was brought into force with effect from 23.4.1994. ..... of the power extended by section 254 of the panchayat raj act, the government issued sro no.786/97 whereby it was provided that the method of public work would be decided considering the possibility of executing the work through the beneficiary committee and priority would be given to such method and if priority cannot be given, the reason must be specified in the decision of the panchayat. ..... the works under the people's planning programme to the beneficiary committee was taken by the government in the year 1995 and such a decision was in consonance with the duties and responsibilities conferred on the panchayat committees for implementation of developmental schemes with people's participation in accordance with the 73rd amendment of the constitution. 17. ..... the petitioners point out that the kerala panchayat raj (execution of public works) rules, 1997 permits execution of public works by the panchayats either on contract basis or directly or through the ..... case of the petitioner is that the aforesaid two circulars are contrary to the provisions of the kerala panchayat raj (execution of public works) rules 1997. ..... he alleges that the three tire panchayat raj system has been introduced by the 73rd amendment of the constitution .....

Mukesh Kumar Ajmera and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1997Raj250

..... petitions mentioned in the schedule, raise the common controversies, namely (i) the validity of section 19 (l) read with section 39 of the rajasthan panchayati raj act, 1994; (ii) the legality and correctness of the orders passed by the respective chief executive officer, by which the petitioners were declared disqualified; and (iii) the jurisdiction of the chief executive officer to hold an enquiry in the matter of declaring a panch or a member of the panchayat raj institution to continue as the sarpanch as he has incurred the disqualification on account of birth of an additional ..... article 40 of the constitution, which enshrines one of the directive principles of the state policy, lays down that 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 the unit of self-government. ..... the petitioner was declared elected as the sarpanch of gram panchayat, banera (district bhilwara) on 4-2-95. .....

Mukesh Kumar Ajmera Vs. State of Rajasthan and 11 ors.

Court : Rajasthan

Reported in : 1997(2)WLC672; 1997(1)WLN682

..... he was acting as the sarpanch, a notice dated 9.7.96 issued under section 39(2) of the rajasthan panchayati raj act, 1994 (hereinafter referred as 'the act') was served on the petitioner on 12.7.96 stating therein that on account of increase in the number of the children in the family to more than two after 27.11.95, the petitioner has rendered himself ineligible to hold the office of the sarpanch and, therefore, why he should not be declared 'disqualified to hold the office of the sarpanch of gram panchayat, banera?3. ..... petitions mentioned in the schedule raise the common controversies, namely, (i) the validity of sections 19(l) read with section 39 of the rajasthan panchayati raj act, 1994; (ii) the legality and correctness of the orders passed by the respective chief executive officer, by which the petitioners were declared disqualified; and (iii) the jurisdiction of the chief executive officer to hold an enquiry in the matter of declaring a panch of a member of the panchayat raj institution to continue as the sarpanch as he has incurred the disqualification on account of birth of ..... 40 of the constitution, which enshrines one of the directive principles of the state policy, lays down that 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 the unit of self-government. ..... it is the function of the legislature of the state concerned to follow the method considered to be suited for .....

Magna Ram Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2004(4)Raj2097; 2004(4)WLC347

..... this section-(a) 'an existing panchayati raj institution' means a panchayat, panchayat samiti or a zila parishad existing immediately before the date of commencement and, where any such panchayati raj institution has been superseded or dissolved or the term thereof has expired, includes the person or persons appointed to exercise of the powers or to perform the functions of such panchayati raj institution; andb) 'the successor panchayati raj institution' means a panchayat, a panchayat samiti or a zila parishad constituted under this act for such local area as corresponds to the respective local area of the existing panchayat, ..... . (1) shall ensue as if the gram sabha of a gramdan village referred to in the aforesaid deleted section was in existing panchayati raj institution ..... state of rajasthan, air 2000 rajasthan-407 where the election of the sarpanch was sought to be challenged by way of writ petition, on the ground, that he is disqualified even prior to contest of election, under section 19(gg) of the panchayati raj act, 1994, as the candidate was under trial in a competent court, which has taken cognizance of the offence, and framed charges against him, punishable with imprisonment for five years or more. ..... 4 was the sarpanch of gram panchayat narlai from 1988 to 1991. ..... . fakruddin's case, was a case, where the court was considering bunch of writ petitions, challenging the matter, by which particular gram panchayat was reserved for backward classes by draw of lots .....

Md. Siraj Ahamad Vs. State Election Commissioner and ors.

Court : Guwahati

..... , the question to be determined is as to whether the present writ petition challenging the election/cancellation of election of pradhan of gram panchayat may be entertained by this court or such a matter should be entertained only by the election tribunal, if an election tribunal has been constituted under the provisions of manipur panchayati raj act, 1994.9. ..... 2 (d) of article 32a and clause 3(d) of article 323b, to the extent they exclude the jurisdiction of the high courts and the supreme court under articles 226/227 and 32 of the constitution, are unconstitutional, section 28 of the act and the 'exclusion of jurisdiction' clauses in all other legislations enacted under the aegis of articles 323a and 323b would, to the same extent, be unconstitutional. ..... clearly admitted at the bar that now the election tribunal has been constituted and one officer of manipur judicial service guide-1 has been functioning as the presiding officer. ..... since, the election tribunal is now functioning, the order of the division bench may ..... writ appellate court passed the following order dated 30-7-97 which is extracted below : '.....admittedly election tribunal is not functioning in the state of manipuras of today. ..... of the order/notification at annexure-a/2 may very well be decided by the election tribunal which is now functioning in the state.17. ..... clear that the division bench remitted the matter to the single bench for decision on merit on the ground that election tribunal was not functioning by then. .....

Dr. M. Ibeyaima Devi and ors. Vs. Smt. Mutum Babita Devi and ors.

Court : Guwahati

..... which was constituted in january, 1997 under the provisions of the manipur panchayati raj act, 1994 (hereinafter referred to as the act) there are 19 elected members. ..... other words, in our present case provision for requisition is there but there is no provision for withdrawal of the requisition; considering the nature and scheme of the act and also considering the power mentioned in section 21 of the general clauses act, i am of the considered opinion that this enabling provision under section 21 which is applicable in respect of power to issue notifications, orders, rules or bye-laws cannot be applied in the case of requisition letters submitted by some members ..... for constitution and organisation of panchayats as units of local self-government hi the rural areas of manipur and for matters connected therewith and incidental thereto the act was passed by the parliament in the year 1994 acting as the legislature of the state of manipur (while manipur was under president rule) and after enforcement of the act various democratic institutions under the act were constituted and citizens in the rural areas have been taking part in these democratic ..... in our present case, as noted above, the entire gamut regarding removal of adhyaksha and up-adhyaksha is prescribed in section 57 of the act and we cannot supplement or supplant any other provision which is not expressly prescribed and more so when a reading down of a provision which may amount to stultifying some action taken under the .....

All India Trade Union Congress and ors. Vs. the State of Karnataka and ...

Court : Karnataka

Reported in : ILR2005KAR3052; 2005(5)KarLJ414; (2006)ILLJ344Kant

..... .27.2 air 2000(4) 124 is again a judgment with regard to manipur panchayati raj act. ..... the contract labour in the concerned establishment subject to the conditions as may be specified for that purpose in the light of para 6 hereunder; (6)if the contract is found to be genuine and prohibition notification under section 10(1) of the clra act in respect of the concerned establishment has been issued by the appropriate government, prohibiting employment of contract labour in any process, operation or other work of any establishment and where in such process, operation or other work ..... with law.52.3 in the event of an establishment maintaining non statutory canteen then in such cases, the canteen contract labour are to approach the industrial adjudicator by way of conciliation in terms of the id act both for regularisation and for other benefits.52.4 it is further ordered and directed that any direction issued by any industrial adjudicator or any court for regularisation or for any other matter touching upon the service ..... counsel for the management relies on : air1955sc352 wherein the supreme court ruled that even according to the common law doctrine, the repeal of the repealing enactment would not revive the original act if the second repealing enactment manifests an intention to the contrary.49.2 similarly in : air1963sc928 the supreme court would say that where a substituted statutory rule is held invalid, the old rule ..... are under the direct functional and administrative control of .....

Chander Prakash Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1999Raj349; 1999(3)WLC563; 1999(1)WLN564

..... had not been served upon the petitioner along with the impugned charge-sheet and suspension order, thus he could not file an effective written statement/reply; provisions of section 38 (1) of the rajasthan panchayati raj act, 1994 (hereinafter referred to as 'the act, 1994') contemplate a condition precedent that an enquiry under rule 22 (2) can be held only after completing all legal requirements, which include holding a preliminary enquiry by the state ..... quoted hereunder :--rajasthan panchayati raj act, 1994 38. ..... for passing the impugned orders as law provides that upon consideration of the report prepared under sub-rule (1) of rule 22 or 'otherwise' the government can form the opinion that the action under section 38 (1) of the act, 1994 was required to be taken, thus, it is the word 'otherwise' on the basis of which the government was also competent to take into consideration any material before it submitted by any ..... extension officer summoned the entire record of the gram panchayat, examined it and recorded the statements of various persons including the ..... -- in addition to the powers and duties laid down in section 84 of the act, the chief executive officer shall assist the pramukh in discharge of functions specified in rule 36 and perform additional duties and exercise powers as under :-- (1) he shall act as officer incharge panchayati raj for the district and shall provide a necessary guidance and advice in the ..... on the nature of functions of the custodian ..... functions .....