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Search Results for "Tenure disqualification"

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High Court

Karnataka High Court Quashes Suspension of KSPCB Chairman for Violation of Natural Justice — Government Order Set Aside for Lack of Hearing and Non-Application of Mind. Suspension of Chairman under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 held invalid without prior notice and opportunity.

30 Sep 2024

The petitioner, Dr. Shanth A. Thimmaiah, was the Chairman of the Karnataka State Pollution Control Board (KSPCB). He challenged his suspension by the ...

High Court

Bombay High Court Quashes Bye-Election Notification for Panchayat Samiti Seat Where Tenure Left is Less Than Six Months — Section 63 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 Interpreted Purposively to Avoid Futile Elections. The court held that where the remainder of the term of a casual vacancy is less than six months, no bye-election should be held, as the elected member would get a tenure of less than six months.

26 Jul 2024

The petitioners, voters of Panchayat Samiti, Katol, challenged the election programme dated July 19, 2024, issued by the Maharashtra State Election Co...

High Court

Bombay High Court Allows Petition Challenging DJR's Order in Co-operative Society Dispute. DJR Exceeded Jurisdiction by Re-appreciating Evidence in Disqualification of Defaulting Directors Under Section 152 of Maharashtra Co-operative Societies Act, 1960.

14 Oct 2022

The petitioner, Pravin Indarchand Jain, a member of Mahavir Nagari Sahakari Patpedhi Maryadit Chopda (Mahavir Society), filed complaints before the Di...

High Court

Bombay High Court Allows Sarpanch's Petition Challenging Disqualification Proceedings Under Maharashtra Village Panchayats Act — Collector Directed to Frame Preliminary Issue on Maintainability. The court held that the Collector must decide the preliminary issue of maintainability before proceeding with disqualification proceedings, especially when a Supreme Court precedent is cited.

25 Jan 2022

The petitioner, Shaikh Wahed Yakub, was elected as a member of Village Panchayat Chitegaon and subsequently became its Sarpanch in June 2021. Responde...

High Court

Bombay High Court Allows Petitions Challenging Commissioner's Jurisdiction Under Section 16(2) of Maharashtra Village Panchayats Act, 1959 — Commissioner Cannot Entertain Appeal Against Collector's Refusal to Disqualify Under Section 14B.

17 Dec 2020

The petitioners, Mrs. Shobhabai Narayan Shinde and Mrs. Sunita Nana Bhil, filed separate writ petitions before the Bombay High Court, Aurangabad Bench...

High Court

High Court of Bombay at Goa Disposes of Cross-Writ Petitions Challenging Disqualification of Cooperative Society Managing Committee Under Goa Co-operative Societies Act, 2001 on Ground of Failure to Hold Annual General Meetings. The Court Addressed the Issue of Commencement Date of the Five-Year Disqualification Period Under Section 61(a) of the Act.

11 Oct 2017

The two writ petitions arose from a common order of the Registrar of Co-operative Societies, Goa, disqualifying the entire nine-member managing commit...

High Court

Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Structures by Thane Municipal Corporation. Court upholds municipal action under Section 53 of the Maharashtra Regional and Town Planning Act, 1966, finding no violation of natural justice as notices were issued and opportunity of hearing was given.

26 Feb 2016

The petitioners, Mr. Shailesh Manohar Patil, Mr. Ram Hari Egade, and Mr. Manohar Rama Salvi, filed three separate writ petitions under Article 226 of ...

High Court

High Court of Karnataka Passes Order in Election Petitions Challenging Election of MP from Davanagere Constituency on Grounds of Disqualification under Section 9A of Representation of People Act, 1951 and Corrupt Practices. Petitioners Allege Acceptance of Nomination Paper Was Improper as Returned Candidate Had Subsisting Contract with Government Through His Employee, and Voters Were Subjected to Undue Influence.

16 Jan 2014

The judgment pertains to two election petitions filed under Section 81 of the Representation of the People Act, 1951 by electors of 13 Davanagere Lok ...

High Court

Bombay High Court Quashes Disqualification of Gram Panchayat Member for Pre-existing Encroachment — Section 14(1)(j-3) of Bombay Village Panchayats Act, 1958 Not Attracted for Encroachment Made Prior to Election. The court held that the disqualification provision applies only to encroachments made after the member's election or during his tenure, and since the construction was made in 1996 and assessed by the Gram Panchayat from 2000, the petitioner could not be disqualified.

5 Nov 2012

The petitioner, Santosh Maruti Walanj, was elected as a member of Gram Panchayat Shelar, Taluka Bhivandi, District Thane, from a ward reserved for Sch...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Nomination for Workmen Director in Nationalised Bank. The court held that the Central Government's approval is mandatory for appointment of Workmen Director under Section 9(3)(c) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and the Bank cannot unilaterally accept nominations.

8 Apr 2011

The petitioners, Federation of Bank of India Staff Unions and its Deputy General Secretary, filed a writ petition under Article 226 of the Constitutio...

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