Judgment Search Results Home > Cases Phrase: tamil nadu panchayats third amendment act 2005 Page 1 of about 9,103 results (0.162 seconds)

M/s. Gupta and Co. Vs. The State of Tamil Nadu, rep. by its Secretary, ...

Court : Chennai

..... , w.p.no.14307 of 2016, seeking to quash the government order, passed in g.o.ms.no.151dated 20.08.2009, which notified tamil nadu town panchayats, third grade municipalities, municipalities and municipal corporations (levy of property tax on vacant land) rules, 2009, and to the extent that it was not made ..... as the demands were raised only in the year, 2012, the petitioner contended that the amended section 81 (3) (a) of tamil nadu district municipalities act, (hereinafter, referred to as 'the act') was not applied to calculate the applicable vacant land tax for the first spell, and the demand was issued contrary to the principles of natural justice, as no pre-assessment notice was issued, ..... of the method and rate that were prevalent on those date, and subsequent amendment will apply only prospectively, and the assessment made in the case of petitioners will not come under the proposition of the ..... for the respondent- municipality contended that, as per sections 117 a and 81 a of the act, vacant land tax is assessed on the basis of the tax rate and method that is prevalent on the particular half year, for which, the tax is due, and in the present cases, limitation under section 117 a assessment has been made from 2005-06, and in such a case, calculation of the tax can be done only on the basis .....

Krishnamoorthy Vs. Sivakumar and ors.

Court : Chennai

Reported in : (2009)5MLJ1255

..... or casual election for electing a member or members or chairperson or chairpersons of any panchayat or municipality, shall furnish full and complete information in regard to all the five matters referred in paragraph-5 of the preamble, in an affidavit or declaration, as the case may be, in the format annexed hereto:provided that having regard to the difficulties in swearing an affidavit in a village, a candidate at the election to a ward member of village panchayat under the tamil nadu panchayats act, 1994 shall, instead of filing an affidavit, file before the returning ..... it is further clarified that apart from the affidavit in annexure-i hereto referred to in para-16 (1) above, the candidate shall have to comply with all the other requirements as spelt out in the representation of the people act, 1951, as amended by the representation of the people (third amendment) act, 2002, and the conduct of election rules, 1961, as amended by the conduct of elections (amendment) rules, 2002.31. ..... during the pendency of the proceedings, the ordinance was repealed and the representation of the people (third amendment) act, 2002 was notified with retrospective effect. ..... in paragraph-130, hon' ble justice d.m.dharmadhikari held that the law as it stood after the third amendment act, 2002, was deficient in ensuring free and fair elections and that therefore the court had to strike down section 33-b 'so as to revive the law declared in adr case'. 38. .....

M.Palanimuthu Vs. the Chief Election Commissioner.

Court : Chennai

..... in terms of the constitution (seventy third amendment) act, 1992, the tamil nadu state legislature enacted the tamil nadu panchayats act, 1994. ..... similarly, by the very same tamil nadu act, sub-section (1-d) was inserted, wherein a provision was made to the offices of the presidents of village panchayats, chairmen of panchayat union councils and chairmen of district panchayats in the state shall be reserved for women which shall not be less than one third including the number of offices reserved for women belonging to the scheduled castes and scheduled tribes of the total number of such offices in the state. ..... to the local bodies and the same are reproduced below:details of reservation effected in 2011 rural local body electionsrural population of tamil nadu as per 2001 census : 349 lakhsscheduled tribe population : 5.42 lakhspercentage of scheduled caste population : 23%total number of village panchayats : 12,524total number of seats to be reserved for scheduled caste presidents as per the act (section 57(1) of tamil nadu panchayats act, 1994) : 2,880actual number of seats allotted for scheduled caste presidents for 2011 election : 3,136total number of seats to be reserved for .....

K.V. Muthuramalingam Vs. Soloman and anr.

Court : Chennai

Reported in : 2003(1)CTC577; (2003)1MLJ700

..... anything in this part, any provision of any law relating to panchayats in force in a state immediately before commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature, other competent authority or until the expiration of one year from such commencement whichever is earlier.provided that all the panchayats existing immediately before such commencement shall continue till the expiration of their duration ..... 553 also is an election petition filed before the district judge challenging the validity of the election of a chairman of the panchayat union council under the tamil nadu panchayat act 21 of 1994 (hereinafter referred to as 'the act'). ..... the case in brief is as follows:- the first respondent herein, who is the petitioner in the election original petition, filed a petition under section 258 of the tamil nadu panchayat act and also under rule 122 of the tamil nadu panchayat election rules, for declaration that the election of the revision petitioner herein is illegal and also to declare that he has been duly elected. ..... moreover, the guidelines issued by the tamil nadu election commission in the year 2001 relating to local body also has not been considered in the aforesaid decision and, as such, it is only per incurium. ..... the guidelines issued by the tamil nadu election commission in the year 2001 relating to local bodies. .....

The Executive Officer, Ettayapuram Special Village Panchayat Vs. and A ...

Court : Chennai Madurai

..... third period commences from 14.06.2004 when 566 town panchayats were reclassified as village panchayats, as a consequence of which those town panchayats went out of the purview of the tamil nadu district municipalities act, 1920 and came to be governed by the tamil nadu panchayats act ..... the learned counsel for the appellant is that the right of the writ petitioner to the grant of a licence should have been tested in the previous proceedings either with reference to the provisions of the tamil nadu panchayats act, 1994 or with reference to the provisions of the tamil nadu district municipalities act, 1920, as the case may be, depending upon the period of licence applied for. ..... petitioner came up with three writ petitions in quick succession, first in w.p.no.11405 of 2005, challenging the order of the panchayat dated 08.12.2005 cancelling the licence granted on 31.10.2005; second in w.p(md)no.1059 of 2006 challenging the initiation of proceedings by the panchayat for the acquisition of the rights to conduct the goat market under section 267-a of the tamil nadu district municipalities act, 1920; and the third in w.p. ..... of the tamil nadu district municipalities act, 1920, in its present form was actually incorporated only by way of amendment under the tamil nadu district municipalities act, 1930 ..... first period was upto the year 1994, when the tamil nadu panchayats act, 1994 was enacted pursuant to the 73rd constitutional amendment, declaring the local bodies as independent units of local .....

Logeswari Vs. 1.The District Collector,

Court : Chennai

..... mr.m.govindan, special government pleader ******** :order ****** introductory: whether the emergency powers conferred on the collector under section 203 of the tamil nadu panchayats act, 1994, [hereinafter referred to as "the act"], would enable him to take away the cheque signing power of the president and vice president of the village panchayat under sub-section (3) of section 188 of the tamil nadu panchayats act, 1994 is the core issue that arises for consideration in this writ petition. ..... the importance of panchayat raj institutions in the light of constitution (seventy-third amendment) act, 1992 was indicated by the supreme court in village panchayat, calangute v. ..... the act was primarily enacted to comply with the constitutional provisions introduced by the constitution (seventy-third amendment) act, 1992. ..... by enacting the constitution (seventy-third amendment) act, parliament has attempted to remedy the defects and remove the deficiencies of the panchayat raj system evolved after independence, which failed to live up to the expectation of the people in rural india. ..... by virtue of the provisions contained in part ix, the panchayats have been empowered to formulate and implement their own programs of economic development and social justice in tune with their status as the third tier of the government which is mandated to represent the interests of the people living within its jurisdiction. .....

K.M. Vijayan and Others Vs. Union of India and Others

Court : Chennai

Reported in : [1995]214ITR93(Mad)

..... municipal council constituted under the tamil nadu district municipalities act, 1920; or (c) a panchayat constituted under the tamil nadu panchayats act, 1958; or (d)...........' ..... this batch of writ petitions, some petitioners seek a declaration that the tamil nadu tax on professions, trades, callings and employments act, 1992 (tamil nadu act 24 of 1992) (hereinafter referred to as 'the act'), is ultra vires the power of the tamil nadu state legislature, and some others seek a declaration that article 276(2) of the constitution of india, as amended by the constitution (sixtieth amendment) act, 1988, itself, is violative of the proviso to article 368 of ..... powers under article 226 operate, would not necessarily take the case under the proviso'. 19. proceeding further, the supreme court observed as follows (at page 851) : 'if the effect of the amendment made in the fundamental rights on the powers of the high courts prescribed by article 226, is indirect, incidental, or is otherwise of an insignificant order, it may be that the proviso will not ..... (seventeenth amendment) act, 1964, by which article 31a, coming under part iii of the constitution, was amended, the argument was that though part iii was not expressly included in clauses (a) to (e) of the proviso to article 368(2), the abovesaid amendment of article 31a amounted to effect a 'change' in article 226, which comes under chapter v to part v1, one of the provisions, mentioned in clause (b) of the said proviso and that .....

Dravida Munnetra Kazhagam, Rep. by its Organization Secretary, R.S. Bh ...

Court : Chennai

..... when the notification has been issued in 2006, the state government by this time should have amended rule 26 of the tamil nadu panchayats (election) rules, 1995 by inserting a sub-rule translating the above said state election commission notification dated 01.09.2006. ..... (1-d) offices of the presidents of the village panchayats, chairmen of panchayat union councils and chairmen of district panchayats in the state shall be reserved for women which shall not be less than one-third including the number of offices reserved for women belonging to the scheduled castes and scheduled tribes of the total number of such offices in the state: provided that the offices reserved under this section, shall be allotted by rotation to different panchayats at each level in such manner, as may ..... poll schedule whereas in this case, notification under section 24(2) came to be issued only on 26.09.2016, which the second respondent claims to have published at 12.15 a.m on 26.09.2016 and no 24(2) notice has been issued in accordance with the provisions of the tamil nadu panchayats act, 1994 and the election notification dated 26.09.2016 was belatedly published in the website on 27.09.2016. ..... belonging to the scheduled castes and the scheduled tribes from among the seats reserved for the persons belonging to the scheduled castes and the scheduled tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to scheduled castes and scheduled tribes. .....

Dravida Munnetra Kazhagam rep. by its Organisation Secretary R.S. Bhar ...

Court : Chennai

..... the above batch of writ petitions have been filed by the respective political parties in the state of tamil nadu praying this court for the following reliefs :- i) to declare the tamil nadu municipal laws (2nd amendment) act, 2016 and the tamil nadu panchayats (2nd amendment) act, 2016 as ultra vires the constitution ; ii) to direct the respective respondents to conduct the urban and rural local bodies election 2016 based on the delimitation of wards to be made based on 2011 census with corresponding reservation ; iii) to ..... of municipality, councillor of corporation wards and mayor of corporation are governed by the tamil nadu district municipalities act, 1920 along with the relevant sections/rules in the municipal corporation acts, tamil nadu town panchayats, third grade municipalities, municipalities and corporation (elections) rules, 2006, the election for rural local bodies for the posts of member of village panchayat wards, president of village panchayat, member of panchayat union ward and member of district panchayat are governed by the tamil nadu panchayats act, 1994 and the tamil nadu panchayats (election) rules, 1995. 5. .....

S.R. Balasubramaniyan, M.L.A. Vs. State of Tamil Nadu Rep. by Its Secr ...

Court : Chennai

Reported in : 2006(3)CTC129; (2006)2MLJ244

..... a period; that the government of tamil nadu therefore decided to remove the restrictions as to the age and as to the maximum period of holding the office of the tamil nadu state election commissioner and amended sub-section (2) of section 239 of the tamil nadu panchayats act suitably for the said purpose and that article 243k(4) of the constitution of india permits the state legislature to make provisions with respect to matters relating to or in connection with election to the panchayat and as such, the tamil nadu act 15/2005 is not violative of the ..... the legislative assembly of the state of tamil nadu passed the tamil nadu panchayats (second amendment) act, 2005 (act 15 of 2005) amending the provision of section 239(2) (b) of the tamil nadu panchayats act, 1994. ..... the third respondent was functioning as the state election commissioner at the time the amending act came into force. ..... we feel that the request of the learned advocate general is reasonable, and we allow the third respondent-state election commissioner to continue in the post for a period of four weeks from to-day. ..... the amended provision of section 239(2)(b) as well as the order of re-appointment of the third respondent are being assailed in these petitions. 2. ..... now he has been appointed for the third term for two years with effect from 2nd january 2006 to 1st january 2008. .....