Judgment Search Results Home > Cases Phrase: west bengal legislature removal of disqualifications act 1952 Page 1 of about 111 results (0.109 seconds)

Adv. Aires Rodrigues Vs. the State of Goa by Its Chief Secretary and o ...

Court : Mumbai

Reported in : 2009(111)BomLR737

..... 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 ..... held to be supported by the provisions of karnataka legislature (prevention of disqualification) act, 1956 as well as representation of people act, 1951. ..... render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:* * *(2) an ordinance promulgated under this article shall have the same force and effect as an 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, ..... prevention of disqualification) act, 1959 provides that the office of the `parliamentary secretary' in so far as it is an office of profit under the government of india or government of the state has been saved from the disqualification.20. ..... payment of special allowance and prevention of disqualification) act, 1971. ..... state of tamil nadu : air2001sc3435 , the supreme court, while dealing with the qualification or disqualification of nominated legislature, laid down a clear mandate that the constitutional limitations are attracted in exercise of such powers and merely because the appointment was made by the governor would not get an appointee any .....

Anokh Singh and Etc. Etc. Vs. Punjab State Election Commission and ors ...

Court : Punjab and Haryana

Reported in : AIR2009P& H63

..... analogy, the provisions of punjab state legislature (prevention of disqualifications) act, 1952 will have no effect and will not remove the disqualifications prescribed under clause (g) of section 11 of the state election commission act. ..... office of lambardar to be treated as an office of profit under the provisions of punjab state legislature (prevention of disqualifications) act, 1952, will not override the disqualifications prescribed under clause (g) of section 11 of the state election commission act, in view of the judgment of the supreme court in som lal's case : air2008sc2088 (supra ..... it is true that as far as the disqualification prescribed for the election of members of the state legislative assembly is concerned, the state of punjab while enacting punjab state legislature (prevention of disqualifications) act, 1952 has exempted the office of lambardar to be treated as an office of profit under the state government, but the said exemption will not be available to the petitioner to ..... learned counsel also referred to a circular dated may 30, 2006 issued by the west bengal state election commission, which provides that anganwari workers, who are merely receiving an honorarium from government, are not government servants and, thus, cannot be said to hold ..... similarly, the west bengal state election commission and andhra pradesh state election commission have clarified that anganwarj; workers, who merely receive honorarium from the government, are eligible to contest the election .....

Md. Emamul Haque and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(4)CHN772

..... september 10, 2007 passed by a learned single judge of this court by which his lordship dismissed the writ application filed by the appellants in which the appellants challenged a notice of requisition of the removal of a pradhan of a gram panchayat by relying upon the second proviso to section 12 of the west bengal panchayat act, 1973 on the ground that such requisition having been initiated within one year from his election, the same was invalid.2. ..... the division bench, however, did not take into consideration, the provisions contained in section 213b of the panchayat act, which provides for disqualification of the members including the pradhan and upa-pradhan, and in such cases, without taking recourse to section 12, pradhan or upa-pradhan will be ..... when a statutory provision is plain and unambiguous, the court while interpreting such provision should give effect to such provision without trying to find out the intention of the legislature behind enacting the said provision nor should the court add or omit any word from the statute. ..... words are clear and there is no obscurity, and there is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for the court to take upon itself the task of amending ..... the section 12 of the act as it originally stood authorised the members to remove a pradhan or an upa-pradhan at any time by a majority but the legislature in its wisdom decided to put some embargo on such provisions by amending the said section by .....

Asharaf Kokkur Vs. Sri.K.V.Abdul Khader and Others

Court : Kerala

..... true it is that paliament (prevention of disqualification) act, 1959 declares that certain holders of office of profit under the ..... and the waqf boards in the states of tamilnadu and west bengal as well as the central waqf council do find a place as among ..... disqualifications for membership:- (1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly or legislative council of a state- (a) if he holds any office of profit under the government of india or e.p.no.2/2011 11 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; (b) x x x x (c) x x x x (d) x x x x (e) x x x x explanation:- for the purposes of this clause, a person shall not be deemed to hold ..... is incongruous to hold that muslim members of the state legislature can become members of the waqf board or its chairperson ..... board under section 14 of the act takes in members elected from the electoral e.p.no.2/2011 17 college consisting of muslim members of the state legislature as per section 14(1)(b)(ii) thereof. ..... of the state government over the waqf board in the matter of appointment or removal of its members does not mean that they hold an office of profit under ..... authority having the power to appoint, dismiss, or control the working of the officer employed by such authority does not disqualify that officer from being a candidate for election as a member of the legislature. .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... effective and meaningful by ensuring complete freedom of debate and discussion in the house so long and so long only as the person continued to be a member of the house of legislature; but if in pursuance to the passing of a valid law a member incures disqualification and by virtue of such disqualification he was prevented from attending or participating in the business of the house, no occasion would arise for the exercise of freedom of speech and no complaint could legitimately be made that such a right ..... sc 1146 related to the challenge to the validity of section 13 (3a) of the west bengal premises tenancy act, as amended by act of 1969 ..... a legislator, in common withother citizens, has the freedom of speech andexpression under article 19(1)(a) but whereasin the case of the other citizens, its exercise,in the legislature; is forbidden, that restriction is removed in the case of a legislator;who by virtue of his election secures theright to enter the legislature to perform hisduties as a legislator, and for performingthose duties he carries with him the right offreedom of speech and expression insids thehouse, to be exercised there. ..... anwar ali sarkar, (air 1952 sc 75) the argument was that equality rule is not violated simply because the statute confers unregulated discretion on officers or ..... g. row, (1952) 3 scr 597 : (air 1952 sc 196), patanjali shastri, the then chief justice has observed ..... . state of madras, air 1952 mad 395, which have been quoted with approval by the supreme court .....

Dr. Debranjan Mukhopadhyay Vs. Sri Manik Chandra Mondal and ors.

Court : Kolkata

Reported in : AIR1998Cal244,(1998)2CALLT109(HC)

..... has been held in the said decision that by enacting sub-section (4) of section 8 of the said act an exception has been carved out for the benefit of sitting members of parliament and legislative assembly of the state which further proves the intention of legislature that for those who are not sitting members of the parliament and legislature of the state, disqualification starts with the order of conviction passed by any court, whether final or not. ..... 1 restraining him from holding the office of member of the legislative assembly and from attending legislative assembly of 12th west bengal legislative assembly or drawing perquisites therefor until the disposal of this application; (e) an adinterim order in terms of prayer (d), (f) discovery; (g) injunction; (h) inspection; (1) costs of and incidental of this application be paid by ..... section 8(1), 8(3) and 8(4) of the said act provide as follows :--'8(1)--the fact that the person had preferred an appeal against the conviction and sentence and the appeal was pending at the time when his nomination papers were being considered would not remove the disqualification under section 7(b) except !n the case of sitting member who has been convicted after his election as provided under ..... of the decision was that the attainment of the prescribed age by the candidate after the date of scrutiny of nominations did not operate retrospectively to remove his disqualification for being chosen, with effect from the date of scrutiny of nominations. .....

Sultan Khan Vs. Sailesh Chandra Nundy

Court : Kolkata

Reported in : AIR1963Cal527

..... to the area of the sarbamangala gram sabha he became a member of the gram sabha automatically by virtue of section 7 of the west bengal panchayat act, 1956 and as he was a member of the gram sabha he was eligible for election as a member of the gram panchayat and of the anchal panchayat by virtue of sections 11 and 26 of the act and the fact that he is not a citizen of india is not a disqualification for such election under section 15 of the ..... election as a member of the gram panchayat or an election as a member of the anchal panchayat constituted under the west bengal panchayat act, 1956 can be set aside by the election tribunal on the ground that the candidate is not a citizen of ..... '(1) every gram sabha shall consist of all persons whose names are included in the electoral roll of the west bengal legislative assembly for the time being in force pertaining to the area for which the gram sabha has been constituted ..... direction and control of the preparation of the electoral rolls for election to the state legislature assembly is vested in the election commission. ..... so disqualified after registration shall forthwith be struck off the electoral roll in which it is included : provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be re-instated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal'. 7. .....

Sahadeb Ghosh Vs. the State of West Bengal and Others

Court : Kolkata

..... removal of disqualification attaching to conviction:- (1) notwithstanding anything contained in any other law, a juvenile who has committed an offence and has been dealt with under the provisions of this act shall not suffer disqualification, if any, attaching to a conviction of an offence under ..... matters relating to removal of disqualification attaching to conviction of a juvenile under section ..... behaviour have been such that it would not be in his interest or in the interest of other juvenile in a special home to send him to such special home and that none of the other measures provided under this act is suitable or sufficient, the board may order the juvenile in conflict with law to be kept in such place of safety and in such manner as it thinks fit and shall report the case for the order of the ..... relevant for disposal of this writ petition are as follows: (a) the authorities declared vacancies for appointment to the post of constable in the west bengal police for the district of hooghly. ..... simply extending the benefits provided under section 19 of the said act of 2000 as provided by the legislatures in their wisdom. 20. ..... of pendency of his case before the juvenile justice board and to consider his case for appointment for the post of constable of police on the basis of such report, keeping in mind the intention of the legislature as enshrined in section 19 of the said act of 2000. 21. ..... sought to be given by the legislature under section 19 of the said act of 2000 cannot be obliterated. .....

Som Lal Vs. Vijay Laxmi

Court : Punjab and Haryana

Reported in : (2006)143PLR81a

..... provisions, namely section 208 in the panchayati raj act and section 11 in the state election commission act, though the state legislature has created a deceptive impression of two overlapping provisions, however, since the two pieces of legislations operate in different fields and there can be no embargo on the state legislature to prescribe additional disqualifications for being chosen or continuation of an elected member of a panchayat, the disqualifications as prescribed in section 11 of the state election commission act will have to be read into section 208 ..... , or of the state government or the central government; or(h) is registered as a habitual offender under the habitual offenders (control and reforms) act, 1952, or any other law for the time being in force; or(i) has not paid the arrears of tax imposed by a gram panchayat, panchayat samiti or zila parishad, as the case may be; or(j) is a tenant or lessee or contractor or share-holder in ..... those provided in section 11 of the punjab state election commission act, 1994 is maintainable, as laid down by section 89 of this act;(d) section 208 of the punjab panchayati raj act, 1994 is meant only for the purpose of suspension and removal of a panch/sarpanch under section 20(1)(a) of the punjab panchayati raj act, 1994;(e) the punjab state election commission act, 1994 being later in time, has a preference over the provisions of punjab panchayati raj act, 1994 which is otherwise a statute of general in nature.7 ..... of west bengal v. .....

Manoj Narula Vs. Union of India

Court : Supreme Court of India

..... limitations on such power of the parliament to defer the date on which the disqualifications would have effect and, therefore, [pic].sub-section (4) of section 8 of the act, which carves out a saving in the case of sitting members of parliament or state legislature from the disqualifications under sub-sections (1), (2) and (3) of section 8 of the act or which defers the date on which the disqualification will take effect in the case of a sitting member of parliament or a state legislature, is beyond the powers conferred on parliament by the constitution. ..... state of west bengal[41]. ..... 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135-a (offence of booth capturing) or clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this act, or (j) section 6 (offence of conversion of a place of worship) of the places of worship (special provisions) act, 1991, or (k) section 2 (offence of insulting the indian national flag or the constitution of india) or section 3 (offence .....