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Search Results for "defection"

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High Court

High Court of Karnataka Dismisses Appeals Against Disqualification of Municipal Councillors Under Karnataka Municipalities Act, 1964. Upholds Single Judge Order Confirming Disqualification for Defection Under Section 16(1A) of the Karnataka Municipalities Act, 1964.

23 Jul 2025

The judgment arises from two writ appeals filed under Section 4 of the Karnataka High Court Act, 1961, challenging a common order dated 09/04/2025 pas...

High Court

High Court of Karnataka Quashes Notice for No-Confidence Motion Against Gram Panchayat President Due to Non-Compliance with Mandatory 15-Day Notice Period Under Section 49(3) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The notice issued on 27-01-2025 for a meeting on 31-01-2025 provided only 4 days' notice, which is invalid.

17 Feb 2025

The petitioner, Sharda W/o Ramesh N., is the President of Somasamudra Gram Panchayat in Kurugodu Taluk, Ballari District. She filed a writ petition un...

High Court

High Court of Karnataka Dismisses PIL Seeking Disqualification of MLAs for Alleged Defection Under Tenth Schedule — No Prima Facie Case of Disqualification Made Out as Petitioners Failed to Provide Specific Evidence of Voluntary Giving Up Membership or Voting Contrary to Party Whip.

15 Dec 2023

The petitioner, Bhimappa Gundappa Gadad, filed a writ petition under Article 226 of the Constitution of India seeking disqualification of several Memb...

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

Karnataka High Court Dismisses Writ Appeals Challenging Disqualification of Municipal Council Members for Defection. The court upheld the Speaker's order under Section 16 of the Karnataka Municipal Corporations Act, 1976, finding that the members had voluntarily given up party membership by contesting as independents.

30 Mar 2017

The case involves two writ appeals filed against the order of a learned Single Judge who upheld the disqualification of certain members of the Town Mu...

High Court

Bombay High Court Quashes Collector's Order Removing Group Leader in Municipal Council — Political Party Suspension Cannot Automatically Disqualify Councilor Under Maharashtra Local Authority Members' Disqualification Rules, 1987. Collector Acted Without Jurisdiction by Deleting Petitioner's Name as Group Leader Based on Mere Party Communication Without Following Prescribed Procedure Under the Rules.

16 Jul 2014

The petitioner, Shrikant @ Balasaheb M. Chaudhari, was a councilor and Group Leader (Gat Neta) of the Municipal Council, Yavatmal. The Collector, Yava...

High Court

Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Mayor in Municipal Law Case — Motion Valid as No Disqualification Proceedings Were Pending at Time of Notice. The court held that a councillor who signed the no-confidence notice was not disqualified under the Maharashtra Local Authorities Members (Disqualification) Act, 1986, as the disqualification petition was filed after the notice, and the motion procedure under Section 55A of the Maharashtra Municipal Corporations Act, 1949 was valid.

7 May 2014

The petitioner, Sanjay Sudhakar Jadhav, filed a writ petition challenging a no-confidence motion passed against the Mayor of Dhule Municipal Corporati...

High Court

High Court of Karnataka Quashes Order Declaring Seat Vacant for Absence from Panchayat Meetings — Petitioner's Ill Health Constitutes Reasonable Cause Under Section 3(3) of Karnataka Local Authorities (Prohibition of Defection) Act, 1987.

18 Feb 2014

The petitioner, Sri Praveen Kunder, was a member of the 12th Heggunje Grama Panchayat in Udupi District. The Panchayat Development Officer (respondent...

High Court

Bombay High Court Quashes Standing Committee Election in Sangli Municipal Corporation Due to Invalid Nomination Process. Single Nomination for Mayor's Post Invalidates Election of Standing Committee Members Under Maharashtra Municipal Corporations Act, 1949.

3 Jan 2013

The petitioner, a councillor of the Sangli-Miraj & Kupwad Municipal Corporation, challenged the election of the Standing Committee held on 31.8.2012. ...

High Court

Bombay High Court Dismisses Petitions Challenging Collector's Order on Disqualification References Under Maharashtra Local Authority Members' Disqualification Act, 1986. Preliminary Objections Regarding Non-Compliance with Rule 6 and Verification Requirements Rejected as Technicalities.

15 Apr 2010

The petitioners, elected members of Zilla Parishad, Dhule, challenged an order dated 27 May 2009 passed by the Collector, Dhule, which turned down the...

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