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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

High Court of Karnataka Quashes Disqualification of Director in Co-operative Society Case — Loan Repayment Before Election Cures Default. Section 29-C(1)(a) of Karnataka Co-operative Societies Act, 1959 requires disqualification only if loan is overdue on date of election; subsequent repayment removes disqualification.

14 Jun 2024

The petitioner, Sri G Nagaraju, was elected as a Director of the Janagere Primary Agricultural Credit Co-operative Society Ltd. (Respondent No. 4) on ...

High Court

Bombay High Court Quashes Disqualification of Councillors Under Maharashtra Local Authority Members' Disqualification Act, 1986 — Collector's Order Set Aside for Violation of Natural Justice and Lack of Proper Inquiry. The Court held that the Collector must afford a hearing before disqualifying elected members under Sections 3(1)(a) and 3(1)(b) of the Act.

29 Jul 2016

The petitioners, four councillors of the Municipal Council, Shegaon, challenged an order passed by the Collector disqualifying them under Sections 3(1...

High Court

Bombay High Court Allows Petition Challenging Minister's Order Setting Aside Disqualification of Director in Cooperative Bank. Disqualification under Section 73EA(ii) of Maharashtra Co-operative Societies Act, 1960 is automatic and Registrar's order under Section 78(1) is ministerial; appellate authority must apply mind.

16 Aug 2012

The dispute in this writ petition relates to the disqualification of respondent No.4, Prafulla s/o Khushalrao Mankar, as a Director of the Yavatmal Di...

Supreme Court

Supreme Court Upholds Disqualification of MLA for Voluntarily Giving Up Party Membership Based on Newspaper Reports and Lack of Specific Denial. Speaker's reliance on newspaper reports and photographs held sufficient to infer voluntary abandonment of party membership under Tenth Schedule.

8 Dec 2021

The appellant, Shri Kshetrimayum Biren Singh, was elected as a Member of the Manipur Legislative Assembly in March 2017 as a candidate of the Indian N...

High Court

Bombay High Court Upholds Disqualification of Zilla Parishad Councillor for Having Three Children Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Family Planning Policy Enforced Strictly to Curb Population Explosion.

26 Feb 2018

The petitioner, Gautam s/o Rama Latke, was elected as a Councillor from the Anala (30) Constituency of Zilla Parishad, Osmanabad. He was aggrieved by ...

Supreme Court

Supreme Court Allows Appeal in Part, Sets Aside Rajya Sabha Election Due to Improper Reception of Vote by Disqualified MLA. Disqualification under Section 8(3) of Representation of People Act, 1951 takes effect from date of conviction, not from start of day, but vote cast before conviction is valid; however, improper reception of vote at counting renders election void.

17 Jan 2020

The case involves an appeal against the dismissal of an election petition challenging the election of Dhiraj Prasad Sahu to the Rajya Sabha from Jhark...

High Court

Bombay High Court Quashes Commissioner's Disqualification Order in Municipal Councillor Case — Suo Motu Disqualification Without Election Petition Challenged. Commissioner lacks power under Section 12 of Maharashtra Municipal Corporation Act, 1949 to disqualify a councillor on ground of having more than two children under Section 10(1)(i) when no election petition was filed and nomination objection was rejected.

17 Oct 2019

The petitioner, Umesh Deorao Pawale, was elected as a councillor of Nanded Waghala City Municipal Corporation in 2012. His election was challenged by ...

High Court

Bombay High Court Dismisses Appeals Challenging Election of Directors to Cooperative Bank Board. Minister's Order Under Section 154 of Maharashtra Cooperative Societies Act, 1960 Upheld as Valid and Election Process Not Vitiated by Irregularities.

30 Nov -0001

The case involves a batch of Letters Patent Appeals filed by individuals challenging the election of directors to the Yavatmal District Central Cooper...

High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Councillor Under Maharashtra Local Authority Members Disqualification Act, 1986. Failure to Comply with Whip Issued by Group Leader Constitutes Defection Under Section 3(1)(a) of the Act.

26 Feb 2015

The petitioner, Avinash Mardikar, was elected as a councillor of the Amravati Municipal Corporation and appointed as group leader of a coalition (Agha...

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