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Search Results for "election validity"

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Supreme Court

Supreme Court Allows Appeals of Returned Candidate in Karnataka Legislative Council Election Dispute — Nominated Members' Voting Rights Upheld. The Court held that nominated councillors under Section 352(1)(b) of the Karnataka Municipalities Act, 1964 are entitled to vote, reversing the High Court's decision that had set aside the election.

1 Jan 2026

The case pertains to the election to the Karnataka Legislative Council from the 12-Chikkamagaluru Local Authorities Constituency held in 2021. The con...

High Court

Bombay High Court Overrules Full Bench: Post-Poll Aghadi Under Section 63(2B) of Maharashtra Municipal Councils Act Attracts Full Disqualification Regime Under Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that the legal fiction in the proviso equates post-poll Aghadi with pre-poll Aghadi for all purposes, including disqualification for defection, and not merely for representation in subject committees.

16 Jul 2024

The case involves a reference to a larger bench of the Bombay High Court to resolve a conflict regarding the interpretation of the second Proviso to S...

High Court

High Court of Karnataka Dismisses Election Commission's Appeal Against Summons to Ex-Chief Election Commissioner in Election Petition. Summons to former CEC as a witness in election petition challenging Athani constituency election is valid and not barred by Article 324 of the Constitution.

29 Jul 2022

The Election Commission of India filed an Original Side Appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated 17.06...

Supreme Court

Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

19 Mar 2020

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

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 Petitions Challenging Election Commission's Directive to Delete Hostel Residents from Electoral Rolls. The court upheld the Election Commission's power to ensure accurate electoral rolls under the Representation of the People Act, 1950, holding that hostel residents are not ordinarily resident in the constituency of the educational institution.

1 Oct 2019

The petitioners, including associations of educational institutions and individual institutions, filed writ petitions under Article 226 of the Constit...

High Court

Bombay High Court Dismisses Writ Petition Challenging Order Setting Aside Election of Councilor for Non-Disclosure of Criminal Cases. Failure to Disclose Pending Criminal Cases in Affidavit Under Section 5A of Maharashtra Municipal Corporations Act, 1949 Renders Election Void.

22 Jan 2018

The petitioner, Shri Rajendra Jayant Devalekar, was elected as a Councilor of the Kalyan-Dombivli Municipal Corporation in the 2015 elections. Respond...

High Court

Bombay High Court Allows Writ Petition Challenging Election Tribunal's Order Declaring Election Void — Caste Certificate Validation by Scrutiny Committee Has Retrospective Effect. The court held that the election tribunal ought to have considered the subsequent validation of the caste certificate and that the burden of proof on the election petitioner was not discharged.

6 Oct 2016

The petitioner, Mohammed Ishak Kasim Ali Shaikh, contested the municipal election from Ward No.156 of the Mumbai Municipal Corporation, which was rese...

High Court

Bombay High Court Allows Writ Petition Challenging Election Tribunal's Order Declaring Election Void — Caste Certificate Validation by Scrutiny Committee Has Retrospective Effect, Election of OBC Candidate Upheld. The court held that the validation of a caste certificate after the election date does not invalidate the election as the validation relates back to the date of the certificate.

6 Oct 2016

The petitioner, Mohammed Ishak Kasim Ali Shaikh, contested and won the election for councillor from Ward No.156 of the Mumbai Municipal Corporation, a...

High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Sarpanch for Fourth Child Born After Cut-off Date Despite Child's Death. The birth of a live child after the cut-off date constitutes an increase in the number of children under Section 14(1)(j-1) of the Bombay Village Panchayats Act, 1958, and the subsequent death of the child does not attract the protection of the first proviso.

13 Jan 2012

The petitioner, Dnyaneshwar Patiram @ Ratiraj Shirbhiye, was elected as Member and Sarpanch of Gram Panchayat Wadala on 28-8-2005. Respondent No.3, Go...

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