Judgment Search Results Home > Cases Phrase: the legislative assembly removal of disqualifications amendment act 1968 1 Page 1 of about 183 results (0.091 seconds)

Consumer Education and Research Society Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Reported in : JT2009(11)SC426; (2010)8MLJ1420(SC); 2009(11)SCALE708; (2009)9SCC648; 2009(9)LC4214(SC):2009AIRSCW5938:2009(5)LHSC3292

..... 3):.we find that the manipur legislature has now passed the manipur legislature (removal of disqualifications) (amendment) act, 1975 (manipur act 1 of 1975). ..... during the pendency of the appeal, the rajasthan state legislature passed the rajasthan legislative assembly members (prevention of disqualification) act, 1969 which removed the disqualification that had been applicable to government pleaders, government advocates and special government pleaders with retrospective effect. ..... trust, whether public or private, not being a body specified in the schedule;(m) the office of chairman, president, vice-president or principal secretary or secretary of the governing body of any society registered under the societies registration act, 1860 or under any other law relating to registration of societies, not being a body specified in the schedule.section 3 of the amendment act inserted a table referred to in section 2(k), listing 55 statutory and non-statutory bodies, following the schedule in the principal act, which was also deemed to have been inserted with ..... the elected candidate preferred an appeal to the supreme court on august 2, 1968. .....

Baidyanath Panjiar Vs. Sitaram Mahto and ors.

Court : Supreme Court of India

Reported in : AIR1970SC314; 1970(0)BLJR910; (1969)2SCC447; [1970]1SCR839

..... provisions relating to the preparation of electoral rolls for the legislative councils' constituencies are found in part iv of the 1950 act. ..... the legislative mandate like the one embodied in section 23(3) must be considered as mandatory not merely because of the language employed in that sub-section but also in view of the purpose behind the provision in question. ..... it was next urged that even if we hold that in including fresh electors in the electoral roll on april 27, 1968, the electoral registration officer contravened section 23(3) of the 1950 act, the same cannot be made a ground for invalidating the election as the contravention in question does not come within the purview of sub-section (1) of section 100 of the act. ..... thereafter the electoral roll was amended on the 27th april, 1968, just a day prior to the polling. ..... section 16 enumerates what disqualifications will disentitle a person from being enrolled as a voter. ..... part iii of the 1950 act provides for the preparation of the electoral rolls for assembly constituencies. ..... the object of the aforementioned provision is to see that to the extent possible, all persons qualified to be registered as voters in any particular constituency should be duly registered and to remove from the rolls all those who are not qualified to be registered. ..... 12 of those who were electors under the original roll were removed from the roll. .....

Dr. S.B. Amarkhed Vs. Basangouda

Court : Karnataka

Reported in : ILR1993KAR2734; 1993(3)KarLJ448

..... for the aforesaid reasons, i have no hesitation whatsoever in holding that even if it is assumed that respondent-1 was holding an office of profit under the state government and thereby incurred disqualification to be chosen as and to be a member of the state legislative assembly, the said disqualification stands removed on account of the provisions reflected in act no. ..... 5/1968 which was enacted for the prevention of disqualification of membership of the state legislative assembly by the legislature of rajasthan is not found in act no ..... the learned counsel, sri desai also contended that the karnataka legislature (prevention of disqualification) (amendment) act, 1991 which was enacted with a view to remove the disqualification also is not of any consequence since the provisions of the said act having regard to the language employed therein would not serve the purpose for which the act was enacted ..... 5/1968 was also since passed by rajasthan legislature declaring that the office of pradhan or pramukh, among others, as defined in rajasthan panchayat samithis and zilla parishads act, 1959 insofar as it is an office of profit under the state government shall not disqualify or deemed to have disqualified the holder thereof for being chosen as or for being a member of the rajasthan legislative assembly. ..... the ordinance came into being on 24-12-1968 and the judgment of the rajasthan high court was delivered on 1-8-1967 ..... 5/1968 was passed by the state legislature or for that matter ordinance no .....

Manohar S. Prabhu and Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 1987(1)BomCR130

..... he further urged the fact that the goa, daman and diu members of legislative assembly (removal of disqualification) (amendment) act, 1985 made some amendments under which, inter alia, the office of chairman of the goa handicrafts, rural and small scale industries development corporation limited is not an office of profit. ..... he further urged that the qualifications and disqualifications laid down in sections 4 and 14 of the act do not give any guidance for the exercise of the discretion by the central government while making a nomination, for such qualifications and disqualifications do not apply to nominees, but are attracted only in the case of persons who seek the membership of the legislative assembly through elections. ..... dhanuka, the learned council appearing for the first and second respondents, that the qualifications and disqualifications prescribed in sections 4 and 14 of the act are operative both in cases of persons seeking a seat in the legislative assembly of a union territory through elections and of persons to be nominated. ..... kakodkar's submission that the qualifications and disqualifications for persons to be chosen to fill a seat in the legislative assembly of a union territory prescribed in sections 4 and 14 of the act, respectively, do not apply to nominees. .....

Samarendra Beura vs.principal Secretary to His Excellency the Governor ...

Court : Delhi

..... it is contended in the petition that the legislative assembly of the state legislature of odisha enacted the odisha offices of profit (removal of disqualification) amendment act, 2016 with retrospective effect from 18.01.2016.4. ..... it is observed that the indirect challenge of the petitioner is to the provisions of the odisha offices of profit (removal of disqualification) amendment act, 2016 which exempts certain categories of persons/posts from the definition of the office of profit under article 191(1) of the constitution of india.10. ..... it may be noted that though petitioner is not challenging the validity of the odisha offices of profit (removal of disqualification) amendment act, 2016 but contends that the effect of the same is ultra vires article 164(1a) and 191 of the constitution of india.9. ..... :(1965) 3 scr53to contend that any citizen is entitled to make a complaint to the governor alleging that any member of the legislative assembly has incurred one of the disqualifications mentioned in article 191(1) and should therefore vacate his office.17. ..... it is alleged that there were further amendments to various acts to pave the way for the members of the legislative assembly to head statutory or non-statutory bodies as chairperson, vice chairperson, etc.5. .....

Jayashankara Gowda Vs. Chief Secretary

Court : Karnataka

Reported in : ILR1988KAR1005

..... as the provisions of section 24(g) of the jammu & kashmir act are not in pari materia with the provisions of section 3 of the impugned act; that there is no provision for condonation of defection under the jammu & kashmir act and there is also no provision for disqualifying the members belonging to an independent party in the said act; that the analogy of the right of a member of legislative assembly to exercise his constitutional right is wholly inapplicable to the right of a zilla parishad or a mandal panchayat member to vote under the zilla parishad act; that the members of legislative assembly have certain constitutional rights by virtue of the provisions of the ..... to vote or to refrain from voting subject to the restrictions contained in the provisions of section 3 of the act; that the 10th schedule incorporated in the constitution by the 52nd amendment to the constitution imposes certain disqualifications on defectors and the same disqualifications are incorporated under the provisions of the act; that the disqualifications prescribed under the constitution are found under article 102(2) and article 191 of the constitution and these disqualifications are essential for a proper working of the democratic form of government based on the written constitution; that the right to vote under the act is only a statutory right and not .....

A.K. Subbaiah Vs. Sri Ramakrishna Hegde and Others

Court : Karnataka

Reported in : AIR1994Kant35; ILR1993KAR2528; 1993(4)KarLJ205

..... , a member of the legislative assembly or legislative council of a state, if he holds any office of profit under the government of india or the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder.article 191(2) lays down that a person shall be disqualified for being a member of the legislative assembly or legislative councilof a state if he is so disqualified under the tenth schedule.article 192(1) provides that if any question arises as to whether a member of a house of the legislative of a state has become subject to any of the disqualifications mentioned ..... the fact that he was entitled to receive travelling and daily allowance in the course of the discharge of his duties as chairman would not be a disqualification because of the provisions of section 3(m) of the himachal pradesh legislative assembly members (removal of disqualifications) act, 1971, and this is not disputed. ..... when the election commission amended its notification and extended the time for completion of the election by ordering afresh poll, it is an order during the course of the process of election. ..... when a poll that has already taken place has been cancelled and a fresh poll has been ordered, the order therefor, with the amended date, is passed as an integral part of the electoral process. .....

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

Court : Supreme Court of India

..... . he had had lost his competence to pass the disqualification order since a notice of his removal dated 19th november, 2015 was pending and was to come up before the legislative assembly on 16th december, 2015 ..... . however, in more or less similar circumstances in punjab (1967), uttar pradesh (1968), madhya pradesh (1969) and orissa (1971) the legislative assembly was not dissolved ..... . since a reference was earlier made to article 371-a of the constitution in the context of the discretionary powers of the governor, it is necessary to mention that that article was inserted in the constitution by the constitution (thirteenth amendment) act, 1962 ..... . two writ petitions were filed in the punjab & haryana high court challenging, inter alia, the prorogation and re-summoning of the assembly, the ordinance issued by the governor on 13th march, 1968 as well as the appropriation acts to which the governor had given his assent ..... . when the assembly met, the speaker ruled that the house was not prorogued on 11th march, 1968 but on 18th march, 1968 and ruled that the proclamation of the governor dated 14th march, 1968 summoning the house was illegal and void and that he had no power to re-summon the house once adjourned ..... . briefly, the annual budget of the state was to be considered by the legislative assembly and the financial statement was discussed in the assembly on 4th, 5th and 6th march, 1968 .....

S. Udhayakumar, Advocate Vs. the State of Tamil Nadu, Rep. by Its Secr ...

Court : Chennai

Reported in : (2002)3MLJ476

..... but the disqualification was removed by the manipur legislature (removal of disqualifications) (amendment) act, 1975, which was brought into force with retrospective effect ..... disqualification for mayor and deputy mayor:- notwithstanding anything contained in this act, no person shall be qualified for being elected as, and for being a mayor or deputy mayor if he is a member of the legislative assembly of the state or a member of either house ..... we hold that members of the legislative assembly and of parliament in the state of tamil nadu can be disabled to contest the post of mayor or deputy mayor of the municipal corporation of chennai as also other municipal corporations in the state of tamil nadu and the municipal amendment is not ultra vires the constitution in the above context. ..... for the representation in a municipality of - (i) persons having special knowledge or experience in municipal administration; (ii) the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or party the municipal area; (iii) the members of the council of states and the members of the legislative council of the state registered electors within tile municipal area; (iv) the chairpersons of the committees constituted under clause (5) of article 243s: provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the municipality; (b) the manner of election of the chairperson .....

Chandrakant Uttam Chodankar Vs. Dayanand Rayu Mandrekar and ors.

Court : Mumbai

Reported in : AIR2006Bom16; 2006(2)ALLMR707; 2006(1)MhLj676

..... 7/05 while this petition was pending before this court, in its session held from 10-1-05 to 14-1-05 known as the goa members of legislative assembly (removal of disqualification) (amendment) bill 2005, which bill is yet to receive the assent of the governor. ..... presumably, the then legislative assembly of the union territory of goa, daman and diu passed what is known as the goa, daman and diu members of the legislative assembly (removal of disqualification) act, 1982, (act of 1982 for short) provide for removal of certain disqualifications for being chosen as and for being a member of the legislative assembly of goa, daman and diu. ..... section 13 of the act of 1987 made the provisional legislative assembly to be the legislative assembly of the new state until the legislative assembly of the new state was duly constituted and summoned to meet for the first session and as long as the provisional legislative assembly was in existence, it was deemed to be the legislative assembly of the state of goa duly constituted under the constitution and was held to be competent to discharge all the functions of the legislative assembly of the state under the constitution and the members thereof were deemed to be the members of the legislative assembly of the state of goa duly elected under the constitution.23. ..... madhusudan vairale air 1968 bom 219.21. .....