Judgment Search Results Home > Cases Phrase: the legislative assembly removal of disqualifications amendment act 1968 1 Court: punjab and haryana Page 1 of about 10 results (0.106 seconds)

S. Umrao Singh Vs. Darbara Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1968P& H450

..... and (3) in case it is held that the respondent held an office of profit tinder the state at the relevant time; whether the ordinance removing that disqualification is a valid piece of legislation tor various reasons set out in the amendment application? 5a. ..... article 191(1)(a) of the constitution of india provides as follows:--'191 (1) a person shall be disqualified for being chosen as, and for being, amember of the legislative assembly or legislative council of a state- (a) if he holds any office of profit under thegovernment of india or the government of anystate specified in the first schedule, other thanan office declared by the legislature of thestate by law not to disqualify its holder. ..... sections 22 to 32 deal with the convening of the meetings of the samitis, their adjournment, quorum etc, section 31 vests the executive authority of the panchayat samiti in the chairman of the samiti and the executive officer; and they have to perform their duties imposed or conferred on them by or under the act section 40 provides that the servant of the samiti will be a 'public servant'; and is in the following terms:--'servants etc. ..... 5 of 1963, d/-25-7-1967 = (air 1968 bom 370), wherein the emoluments drawn by the chairman of the zila parishad were held to be office of profit. .....

Sanjeev Kumar Verma Vs. Director, Urban Local Bodies, Chandigarh and O ...

Court : Punjab and Haryana

..... (supra) with regard to issue that the members of the house of the people and the legislative assembly of state, who have been nominated as members of the committee under clause (ii) of section 9(3) of the act, would be deemed to be `elected members' of the committee for the purpose of participating in the special meeting convened under section 21(3) of the act for consideration of no confidence motion against the president and vicepresident, required re-consideration by a larger bench because the effect of section 13-b and amendment made in section 18(1) of the act were not considered by the full bench as the same were not brought to its ..... it was contended that though the nominated members of the committee being members of the committee by virtue of their nomination, have right to vote in the meeting of the committee, but they cannot be considered and deemed to be `the elected members of the committee' for the purpose of removal of president or vice-president under section 21(3) of the act. ..... this disqualification has been laid down under the law by the state legislature. ..... thus, this clause clearly empowers the state legislature to enact a law providing disqualification for being a member of a municipality. ..... article 243v provides for disqualifications of members. ..... disqualifications for membership. .....

Jagdish Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2008)151PLR689

..... was observed that where a person seeking to contest elections to legislative assembly or parliament, having incurred disqualification under section 8(3) of the representation of people act, 1951 due to order of conviction of an offence and sentence passed against him by the trial court, prefers an appeal thereagainst and the appellate court only suspends the order of the trial court and grants him bait, would not amount to temporarily wiping out the conviction so as to remove the disqualification. ..... the case of appellate acquittal cannot be equated with the retrospective repeal of a disqualification by statutory amendment ..... 673 it was reiterated that disqualification on ground of conviction in a criminal offence is to be determined with reference to the date fixed of scrutiny of the nomination and subsequent acquittal would not be relevant to remove the disqualification as it existed on the date of scrutiny of nomination.therefore, evidently on the date of scrutiny of the nomination, the petitioner was disqualified from contesting as he had been convicted in a criminal ..... (1) provides (a) that if any member of a gram panchayat, panchayat samiti or zila parishad who is elected, as such, was subject to any of the disqualifications mentioned in section 17s at the time of his election; (b) during the term for which he has been elected, incurs any of the disqualifications, mentioned in section 175, shall be disqualified from continuing to be a member, and his office shall become vacant. .....

Bimal Kaur Khalsa Vs. Sujan Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1987P& H145

..... the election of the returned candidate has been challenged by the petitioner on the following grounds:(i) that the result of the election has been materially affected by non-compliance with the provisions of the rules, the 1951 act and the constitution of india; (ii) that the returned candidate was guilty of corrupt practice; (iii) that the returned candidate was not validly registered elector in the state of punjab: and (iv) that the returned candidate was disqualified to be chosen as a member of the punjab legislative assembly under para 2 of the 10th schedule of the ..... the 1951 act and were entitled to vote under section 62 of the 1951 act.......................................................................................................................................in a catena of cases this court has consistently taken the view that the 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 or if subsequent disqualification had taken place and the electoral roll had on that score not been corrected before the last ..... (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark, or (b) fails or refuses to produce his identity card as ..... 23(3) of the 1950 act on any amendment, transposition or deletion of any entry or issuance of any direction for inclusion of the name in the electoral roll after the last date for ..... 1968 .....

Jit Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (1996)113PLR164

..... challenge to the constitutional validity of the amendment made in the act is founded on the plea of the petitioners that by amendment made in the year, 1994, the legislature could not have conferred a right upon the members of the legislative assembly to interfere with the functioning of a duly constituted municipal committee, which could independently function under the act of 1911.5. ..... 2, on the other hand, argued that the municipal act was amended vide notification dated 21.9.1994 and the amended provisions became effective from 1.6.1994 and in terms of the amended provisions the municipal, committee will be deemed to have been constituted under the amended act and, therefore, the member of the legislative assembly could legitimately cast his vote in the meeting of no-confidence motion. ..... moreover, in terms of the punjab municipal act, 1911, as it stands after amendment, the members of the legislative assembly not, only becomes a member of the municipal committee; but he/she also gets a right to vote. ..... 2 from the office of the president, municipal committee, rampura phul, and further to remove him from that office, but a prayer has also been made for declaring section 12(3)(ii) of the punjab municipal act, 1911 as ultra vires to the constitution in so far as it gives a right of vote to the member of the legislative assembly.2. ..... article 243v speaks of disqualifications for membership. .....

Shri Siri Chand, Sarpanch, Gram Panchayat Vs. the State of Haryana Thr ...

Court : Punjab and Haryana

Reported in : (1994)106PLR149

..... 5 of the act says that the following person shall be eligible to the members of the sabha:-'(5) no person who is not a member of the sabha and who:- (a) is not qualified to be elected as a member of the legislative assembly; or(b) has been convicted of any offence involving moral turpitude unless a period of five years has elapsed since his conviction; or(c) has been subjected to an order by a criminal court and which order in the opinion of government or of the officer to whom government has delegated its power of removal, implies a ..... the director can remove a panch or sarpanch if he was disqualified from being a member of the sabha or he has incurred any of the disqualification mentioned in sub-section (2) of section 102 of the act, it is not the case of the respondents that the petitioner was ineligible to be a member of the sabha having no qualification mentioned in sub-section (5) of section 5 of the act or he has suffered from any of the disqualification mentioned in clause(a), (b) and (c) of sub-section (2) of section 102 of the act. ..... for re-election for a period of five years from the date of his removal and a person who was removed under any of the said clauses on or after the first day of september, 1965, shall stand disqualified for re-election during such period after the commencement of the punjab gram panchayat (haryana amendment) act, 1971, which falls within a period of years from the date of his removal(5) any person aggrieved by an order passed under this .....

Smt. Sukhwinder Kaur Gill, President, Municipal Council Vs. the State ...

Court : Punjab and Haryana

Reported in : (1999)121PLR414

..... the effect of 1996 amendment was that the nominated three persons having special knowledge or experience in the municipal administration ceased to be members of the committee and the right given to member legislative assembly and member of parliament to vote in the meetings for election of president or vice president and in special meetings of motion of no confidence against the president or vice president, was taken away. ..... turning to the next contention of the counsel that the meeting cannot be convened unless proceedings under section 14-c initiated against the six members are concluded, it is only to be stated that power of removal of members on disqualification under section 14(1)c lies with the state government and unless the state government removed a member under section 14 after holding him to be disqualified, the participation of such member cannot be forbidden. ..... further, according to the petitioner, some councillors of municipal council, sirsa were keeping themselves absent from attending any of the meetings of the municipal council and constrained by the circumstances, executive officer of the municipal council vide office letter dated 28.7.1998 requested the deputy commissioner, sirsa for recommending action against absentee municipal councillors under section 14-c of the haryana municipal act, 1973 (in short the 1973 act) for removing them for not attending meetings of the council in last more than three consecutive months. .....

Dev Prakash Balmukand Vs. Babu Ram Rewti Mal and ors.

Court : Punjab and Haryana

Reported in : AIR1961P& H429

..... prior to 13th august, 1959, the rules framed under the punjab municipal act required that election to a municipal committee should be held on the basis of the electoral roll prepared for the election to the punjab legislative assembly and the relevant part of the punjab legislative assembly roll was under the relevant rule the roll for the municipal election. ..... 8, which was the relevant rule.as i have said, the rule was actually amended on the 13th august, 1959, by adding a proviso that government may, if so inclined, direct that the punjab legislative assembly roll shall not be used for the municipal election and a fresh roll in accordance with rules 8-a to 8-k, which were added on the same day, shall be prepared. ..... it was then said that the preliminary work merely consisted of re-arranging the assembly roll with small alterations, and since the qualifying date in the assembly roll was march, 1958, while the qualifying date for the municipal electoral roll was to be august, 1959, there were bound to be errors in the roll, and such errors could not have been removed by lodging claims and objections. ..... 'rule 8-b then laid down certain disqualifications,being in substance the same as those provided for in the case of the assembly roll. .....

Hardwari Lal Vs. Ch. Bhajan Lal and Others

Court : Punjab and Haryana

Reported in : AIR1993P& H3

..... the above provisions in the constitution manifest,-- (i) that the appointment of the chief minister is by the governor and that he and his ministers hold offices during the pleasure of the governor; (ii) that the minister/chief minister has to subscribe an oath of office and (iii) that the grounds on which a person shall be disqualified for being chosen as or for being a member of the legislative assembly or a legislative council of a state are specifically provided and the dispute/question if a member of the house oflegislature of a state has become subject to any disqualification has to be referred to the decision of the ..... if, however, the interests are not personal and the litigation appears to be for no personal gains, the person approaching the court is not a busy body nor an interloper, the relief may not be denied and th,e petition may not be thrown out simply because it is by a politician, we, however, leave the matter at that without commenting any further upon the petitioner's interest in approaching this court and bringing to the court's notice the acts of the chief minister which according to him do not deserve the continuance of respondent ..... shri hooda, the learned counsel for the petitioner on the other hand, pointed out that by committing violation of oath, the chief minister committs breach of constitutional provision and, therefore, this court in the exercise of jurisdiction under article 226 of the constitution is well entitled to direct his removal from that .....

Parkash Singh Badal and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1987P& H263

..... and which fell for consideration by the supreme court was that no question could be said to have arisen as to whether the appellant brundaban nayak becomes subject to any of the disqualification mentioned in clause (1) of article 191 of the constitution of india, because such a question could be raised only on the floor of the legislative assembly and could be raised by the member of the assembly and not any ordinary citizen or voter in the form of a complaint to the governor. ..... the observations in this regard read as under:--'thus, if the pith and substance test is applied to the amendment made by the impugned act, it would be clear that parliament is seeking to amend fundamental rights solely with the object of removing any possible obstacle in the fulfilment of the socio-economic policy in which the party in power ..... find out the intent and purpose of the parliament, it would be profitable to refer to the report of the committee on defections, reproduced below, which led the lok sabha to pass unanimously a regulation to set up a high level committee to consider the problem of defections:--'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 ..... 2959, dated the 3lst august, 1968, in exercise of the powers conferred by article 324 of the constitution read with rule 5 and rule 10 of the conduct of elections rules, .....