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High Court

High Court Dismisses Petition Challenging Disqualification of Councillor Under Anti-Defection Law — No Interference with Election Officer's Order as Alternative Remedy Available Under Article 226 of Constitution. The Court held that the existence of an alternative remedy under Section 22 of the Karnataka Municipalities Act, 1964 (election petition) is not an absolute bar to the maintainability of a writ petition, but the petitioner failed to demonstrate any exceptional circumstances warranting interference under Article 226.

21 Dec 2023

The petitioner, Sri K M Mune Gowda, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengalu...

Supreme Court

Supreme Court Dismisses Appeal in Panchayat Samiti Party Leadership Dispute Under Maharashtra Local Authorities Members Disqualification Act. District Collector's Approval of New Party Leader Upheld as Valid Based on Majority Resolution and Definition of Panchayat Samiti Party Under Section 2(l).

1 Sep 2021

The dispute arose from the removal of the appellant as Party Leader (Gatneta) of the INCPS Party, a Panchayat Samiti party formed by members elected o...

High Court

Bombay High Court Quashes Disqualification Proceedings Against Zilla Parishad Councillors for Alleged Defection — Whip Not Issued in Compliance with Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that without a valid whip issued by the authorized person, councillors cannot be disqualified for voting against the party line in the election of the President.

20 Oct 2020

The petitioners, Mangal Kiran Waghmode and others, were elected councillors of Zilla Parishad, Solapur, in elections held on 21 February 2017. On 31 D...

Supreme Court

Supreme Court Directs Floor Test in Madhya Pradesh Assembly Amid Resignation Controversy. Governor's Power to Direct Floor Test is Not Binding on Speaker; Resignations Require Verification.

16 Mar 2020

The case arose from a political crisis in Madhya Pradesh where 22 Members of the Legislative Assembly (MLAs) belonging to the Indian National Congress...

High Court

Bombay High Court Quashes Divisional Commissioner's Order in Municipal Disqualification Case. Court Holds That Independent Corporator Cannot Be Treated as Member of Political Party Without Consent Under Maharashtra Local Authority Members Disqualification Rules, 1987.

6 Mar 2018

The petitioner, Lokashahi Aghadi, through its leader Shital Gaikwad, filed a writ petition challenging a communication dated 7.4.2017 issued by the Di...

High Court

Karnataka High Court Quashes Disqualification of Councillors Under Anti-Defection Law for Violation of Natural Justice. Deputy Commissioner's Order Set Aside as Petitioners Were Not Given Opportunity of Hearing Under Section 3(1)(b) and 4 of Karnataka Local Authorities (Prohibition of Defection) Act, 1987.

27 Apr 2017

The petitioners, Ms. Srimathi Bangera and Mrs. Veenakshi, were elected as Councillors of the City Municipal Council (CMC), Madikeri, in elections held...

High Court

Bombay High Court Upholds Disqualification of Municipal Councillor for Defying Party Whip Under Maharashtra Local Authority Members Disqualification Act, 1986. The Court held that the Petitioner's act of voting against the party whip constituted defiance, warranting disqualification under Section 3(1)(b) of the Act.

18 Jul 2014

The Petitioner, Mrs. Sulabha Vijay Lokhande, was a Municipal Councillor in Panchgani Municipal Council, elected as an independent candidate in Decembe...

High Court

Bombay High Court Allows Petition Challenging Municipal Standing Committee Resolution — Proportional Representation Mandated. Court quashes resolution dated 20.03.2012 determining strength of political groups on Standing Committee of Akola Municipal Corporation for not following single transferable vote method under Section 31(2) of Maharashtra Municipal Corporations Act, 1949.

8 May 2012

The petitioner, Mahanagar Sudhar Samiti, a political group in the Akola Municipal Corporation, challenged a resolution passed by the General Body on 2...

High Court

Bombay High Court Upholds Disqualification of MLA for Anti-Party Voting Under Tenth Schedule. Speaker's Order Disqualifying Petitioner for Voluntarily Giving Up Party Membership and Voting Contrary to Whip Upheld as Valid.

12 Aug 2011

The petitioner, Shri Matanhy Saldanha, was a Member of the Goa Legislative Assembly from Cortalim, belonging to the United Goan Democratic Party (UGDP...

High Court

Bombay High Court Upholds Disqualification of Councillor for Defection Under Maharashtra Local Authority Members Disqualification Act, 1986 — Failure to Prove Merger of Original Political Party Results in Confirmation of Disqualification Order.

30 Nov -0001

The case involves two writ petitions filed by councillors of the Municipal Council, Sonpeth, challenging their disqualification under the Maharashtra ...

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