Court : Karnataka
Decided on : Mar-14-1988
Reported in : ILR1988KAR1005
ORDERBopanna, J.1. In this batch of Writ Petitions the constitutional validity of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (hereinafter referred to as the Act) is challenged by the petitioners on various grounds. Principally their challenge is premised on the ground of violation of Articles 14, 19(1)(a) and 19(1)(c) of the Constitution of India, Additionally they have submitted that the Act offends the basic structure of the Constitution and therefore should be declared as void. Briefly stated, their arguments are that in the absence of any party system in the Constitution, the Act is violative of the constitutional rights guaranteed under the Constitution of India; that the defection of an individual is sought to be penalised whereas the defection of a group of individuals is legalised and thereby there has been discrimination which violates their rights, protected under Article 14 of the Constitution; that Sections 3 and 4 of the Act should be read as a wh...
Tag this Judgment!Court : Karnataka
Decided on : Dec-13-1988
Reported in : ILR1989KAR123; 1988(3)KarLJ562
..... cases.15. scope of a similar provision under section 100(1)(d) of the representation of the people act, 1951 came up before the supreme court, in a few decisions cited before us:(i) in baidyanath panjira v. sita ram matho and ors : [1970]1scr839 . the election to the legislative council from the local authorities constituency was involved. some of the voters were included by the electoral registration officer in the voters' list after the last date for making the nomination was over. their votes tilted the result of the election. the unsuccessful candidate challenged the declaration of the result of the election by means of an election petition ..... pradhana is absent. it is obvious that the office of pradhana is an essential functional organ of the panchayat, without whom, the panchayat cannot discharge its statutory duties and responsibilities. provision is also made for an alternative functionary to take over during the absence of the pradhana.11. chapter iv, commences with section 56, enumerates the functions of the panchayat. there is no doubt that it is the local government at, what is popularly called, the grass-root level. provision is also made to have a stable pradhana, by inbuilt safeguards, against frequent .....
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