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Search Results for "Elected Councillors"

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High Court

High Court of Karnataka Quashes Disqualification of Municipal Councillors for Violation of Natural Justice — Deputy Commissioner's Order Set Aside for Non-Compliance with Section 3(3) of Karnataka Local Authorities (Prohibition of Defection) Act, 1987. The court held that the mandatory requirement of affording a reasonable opportunity of hearing before disqualification was not complied with, rendering the order a nullity.

25 Sep 2021

The petitioners, seven municipal councillors of the City Municipal Council, Kollegal, challenged an order dated 06.09.2021 passed by the Deputy Commis...

High Court

Karnataka High Court Allows Appeals of Councillors Against Dismissal of Writ Petitions Challenging Disqualification for Defection Under Karnataka Municipal Corporations Act, 1976 — Holds That Single Judge Erred in Dismissing Petitions at Threshold Without Considering Merits and That Disqualification Proceedings Must Comply With Principles of Natural Justice.

29 Jun 2021

The case involves a batch of writ appeals filed by elected councillors of various town municipal councils and town panchayats in Belagavi district, Ka...

High Court

Karnataka High Court Allows Appeals of Councillors Challenging Disqualification Orders in Election Dispute — Holds That Show-Cause Notice Must Contain Specific Allegations and That Disqualification Cannot Be Based on Non-Specified Grounds Under Karnataka Municipalities Act, 1964.

29 Jun 2021

The case involves a batch of writ appeals filed by councillors of various town municipal councils and panchayats in Belagavi district, Karnataka, chal...

High Court

Bombay High Court Quashes Caste Scrutiny Committee Order Invalidating Kunbi Caste Certificate for Sarpanch Election. Committee Failed to Consider Relevant Documents and Applied Incorrect Burden of Proof Under Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.

27 Oct 2020

The petitioner, Mrs. Mandakani Kachru Kokane, was elected as Sarpanch of Ghoti (K) Grampanchayat on 26 June 2019 for a term 2019-2024, a post reserved...

High Court

High Court of Karnataka Directs State Election Commission to Hold Elections for Mangalore City Corporation Within Six Weeks — Failure to Conduct Elections Within Five Months of Expiry of Term Violates Article 243U of Constitution of India. The court held that the constitutional mandate under Article 243U(3)(a) requires elections to be completed before the expiry of the term of the Corporation, and the inaction by the State Election Commission was unjustified.

27 Aug 2019

The petitioners, residents of Mangalore, filed a Public Interest Litigation under Articles 226 and 227 of the Constitution of India seeking a directio...

High Court

Bombay High Court Allows Petition of Elected President in Municipal Council Disqualification Dispute — President Retains Authority to Preside Despite Notice of Disqualification. No Disqualification Without Final Order Under Maharashtra Municipal Councils Act, 1965.

22 Jan 2019

The petitioner, Dr. Gazala Yasmeen, was elected as President of Mangrulpir Municipal Council on 31st December 2016 under Section 51A1A(1) of the Mahar...

High Court

High Court of Judicature at Bombay Upholds No-Confidence Motion Against Sarpanch and Up-Sarpanch; Meeting Convened Within Two Days Valid Under 1975 Rules. Special meeting for no-confidence motion under Section 35 of Maharashtra Village Panchayats Act and the 1975 Rules does not require three clear days' notice as per Rule 4 of Meetings Rules 1959, and meeting held within seven days is sufficient.

2 Jul 2018

The dispute arose from a no-confidence motion passed against the Sarpanch and Up-Sarpanch of Village Panchayat Kawalgaon, Taluka Degloor, District Nan...

High Court

Bombay High Court Upholds Disqualification of Municipal Councillors for Defection Under Maharashtra Local Authority Members Disqualification Act, 1985. Petitioners who contested as independent candidates after being denied party tickets were held to have voluntarily given up party membership.

4 Aug 2015

The judgment concerns three writ petitions filed under Article 227 of the Constitution of India challenging identical orders dated 18.03.2015 passed b...

High Court

KAHC010341872013_1

6 Jan 2014

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High Court

Bombay High Court Dismisses Writ Petition Challenging Election of Directors of a Cooperative Society Under Maharashtra Cooperative Societies Act, 1960 — Petitioner Failed to Establish Any Illegality or Irregularity in the Election Process.

30 Nov -0001

The petitioner, Shri Parshuram Prabhakar Uparkar, filed a writ petition under Article 226 of the Constitution of India challenging the election of dir...

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