Court : Kerala
Decided on : Dec-12-2011
..... government and therefore he was disqualified under article 191 of the constitution of india from contesting the election, (ii) there is gross violation of s.38 of the representation of the people act , 1951 (hereinafter referred to as ‘ act’ ) and the conduct of election rules in preparing the list of candidates and (iii) in the election ..... we have to bear in mind that our constitution mandates the state to undertake multiform public welfare and socioeconomic activities involving technical persons, welfare workers, and lay people on a massive scale so that participatory government may prove a progressive reality. in such a expanding situation, can we keep out from elective posts at ..... to speak of an army of other non-officials who are wanted in various fields, not as full-time government servants but as part-time participants in people’s projects sponsored by government? for instance, if a national legal services authority funded largely by the state comes into being, a large segment of the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-18-2011
..... (a) of the act, are clear and are un ambiguous. the statute also does not contain provisions similar to ss.3, 4, 5 and 6 of the representation of people act, 1951 which specifically provides that only an elector to the constituency concerned can be a candidate for election. s.85 of the kerala municipality act 1994, s. ..... , the details of which are unnecessary for disposing of these appeals. after publication of the election notification, on 5.2.2011, the 1st respondent submitted ext.p3 representation to the returning officer complaining of the omission of his name from the electoral roll and requesting him to include his name and thereby facilitating him to vote in ..... discipline, and also the basic principle in a democracy that it is not for the judge to legislate as that is the task of the elected representatives of the people. even if the literal interpretation results in hardship or inconvenience, it has to be followed (see g.p.singh's principles of statutory interpretation, 9th edn, pp. .....
Tag this Judgment!Court : Kerala
Decided on : May-23-2011
..... white difference between the right to contest the election to the dental council under section 3(a) of the act and the position under other statutes like the representation of people act, panchayat raj act, municipalities act, kerala co-operative societies act/rules etc. in the latter group of legislations, specific provisions are there as to ..... in the act or in the regulations, insisting for an entry in the final voters' list to contest the election. in the case of elections under the representation of people act, kerala panchayat raj act/municipalities act, kerala co-operative act/rules etc, there is no register like part a register as contemplated under section 3(a ..... . no specific provision in the 'act' was brought to the notice of this court by any of the respondents, as similar to the provisions in the representation of people act, panchayat raj act, kerala co-operative societies act/rules, to suggest that a person who contests the election to the dental council of india under section .....
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