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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(1)BomCR363
..... it may be noted at this stage that under para 8 of the tenth schedule, the speaker of the maharashtra assembly, has framed rules called the members of the maharashtra legislative assembly (disqualification on grounds of defection) rules, 1986. ..... after the nomination of the petitioner, leader of the legislative wing of the said political party submitted form i as required under rule 3(1) of the members of maharashtra legislative assembly (disqualification on the ground of defection) rules. ..... what impelled the parliament to insert the tenth schedule can be seen from the statement of objects and reasons appended to the bill which ultimately resulted in the constitution (fifty second amendment) act, 1985, quoted in kihota hollohan v. ..... para 4 removes the bar of disqualification on the ground of defection in case of merger of a political party with another political party. ..... the report of the high level committee on defection noted the problems of defections as under: 'following the fourth general election in the short period between march 1967 and february 1968, the indian political scene was characterised by numerous instances of change of party allegiance by legislators in several states. ..... para 3 removes the bar of disqualification in case of split in a political party provided the group representing a faction which has arisen as a result of a split consist of not less than one third of the members of such legislature party. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR110; 1998(3)BomCR139
..... (3) the decision of the president on a petition submitted by any person under sub-section (2) of section 8-a in respect of any disqualification for being chosen as, and for being a member of either house of parliament or of the legislative assembly or legislative council of a state shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of section 11-a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision were in respect of the disqualification for voting also. ..... the name of the petitioner came to be removed from the voters list solely on account of the order of disqualification passed by the president of india under section 8-a of the 1951 act and he must be deemed to be reinstated in the voters list forthwith on expiry of the period of disqualification. ..... in the proviso, the words 'shall forthwith be reinstated in that roll, if such disqualification is, during the period such roll is in force, removed under any law authorising such removal 'must mean that the name of the petitioner or any person similarly placed as the petitioner must be reinstated forthwith in the electoral roll which is in force as on the date the disqualification period has expired. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR737
..... act of the legislature of the state assented to by the governor, but every such ordinance -(a) shall be laid before the legislative assembly of the state, or where there is a legislative council in the state, before both the houses, and shall cease to operate at the expiration of six weeks from the reassembly of the legislature, or if before the expiration of that period a resolution disapproving it is passed by the legislative assembly and agreed to by the legislative council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by council; and(b) may be withdrawn at any time by the governor.explanation: - where the houses of the ..... the west bengal legislature (removal of disqualifications) act, 1952.what to talk of these states in india, even the government of punjab, pakistan issued an ordinance, the punjab parliament secretaries salary, allowances and privileges ..... the ministers of state act 1952 (cth), as amended by the ministers of state and other legislation amendment act 2000 (cth), provides that the number of ministers of state must not exceed, in the case of those designated upon appointment as parliamentary secretary, twelve, and in the case of those not ..... however, because of the need of the day the supreme court in rajasthan seb : (1968)illj257sc and sukhdev singh : (1975)illj399sc noticing the socioeconomic policy of the country through it fit to expand the definition of the term 'other authorities to include bodies .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR594
..... the stand taken by the petitioners in the said disqualification petitions is that the petitioners are a group who have split from the original political party namely inc; that letter dated 27-7-98 to the speaker has not been properly construed as the only conclusion which can be drawn therefrom is that there has been a split in the original party on account of which the petitioners had sought separate sitting arrangement in the legislative assembly as members of goa rajiv congress group (grc for short) ..... in kihoto hollohan's case (supra), the apex court has taken note of the statement of objects and reasons appended to the bill which was adopted as the constitution (fifty-second amendment) act, 1985 which reads thus : 'the evil of political defections has been a matter of national concern ..... we now proceed to illustrate the factors pointed out by learned advocate for the petitioners which lead us to come to the conclusion that the speaker had abandoned fair play and acted in a partisan manner :(i) the notice for removal of the speaker was given on 13-7-98 by two members of mgp and one member of ..... the report dated, 7th january, 1969 of the said committee was rather disturbing wherein it was found that in the short period from march, 1967 to february, 1968, 438 defections occurred and the lure of office played a dominant role in decisions of legislators to defect was obvious inasmuch as out of 210 defecting legislators from some of the states, 116 were included in the council of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1989Bom29; 1988(2)BomCR627; 1988MhLJ504
..... the number of reserved seats in the lok sabha and certain state legislative assemblies.provisions have therefore been made in the bill to empower the census authority to estimate the population of the scheduled castes and scheduled tribes and the elections commission to re-allocate the reserved constituencies'.a perusal of the speech of the honorable minister for home affairs, who introduced the said bill in the parliament , would show that the said act was however only passed for removal of area restrictions in the ..... amend the scheduled castes order 1950 and the scheduled tribes order, 1950 , in the manner and to the extent specified in the first and the second schedules of the act respectively, section 5 which deals with determination of population of the scheduled castes and the scheduled tribes in view of the removal of area restrictions in specifying the scheduled castes and the scheduled tribes under the first and the second scheduled of the act respectively, is reproduced below as it calls for interpretation in considering the contention raised in the instant case on behalf of the ..... the persons whose names are borne in the list of voters subject to disqualification ..... texas (1968) 390 us 474: 20 law ed 45, the question was whether the taxas supreme court erred in concluding that selection of midland country commissioners court from single-member districts of substantially unequal population did not necessarily violate the fourteenth granted in the said case by the supreme court .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR156
..... the prayer for stay of the part of my judgment, i direct respondent no.1 to make an independent application as contemplated under section 116-b of act, which application will be considered on its merits.i further direct that the security for costs given by the petitioner at the time of the filing of this petition shall be refunded to the petitioner.i direct that substance of this decision of mine forwarded to the election commission and the speaker of the maharashtra legislative assembly. ..... in bench consisting of two judges of the supreme court held as follows:'thus in a catena of cases this court has consistently taken the view that finality of the electoral roll cannot be challenged in an election petition even if certain irregularities had taken place in the preparation of the electoral roll of if subsequent disqualification had taken place and the electoral roll had on that score not been corrected before the last hour of making nominations. ..... the statement of objects and reasons of the amending act, 1961, clearly mentions the object of the amendment ..... the report also mentions that while thousands of hindu devotees, mothers and sisters and the people at large were upset with rage because of the desecration of the vighneshwar (obstacle remover god), mrinal gore says, 'islam is in danger' and that hindu communalists have framed false accusations ..... adhiniyam, 1968, came to be passed, and the other of the orissa state where there was an act known as orissa freedom of religion act, 1967 .....
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