Search Results for "deemed disqualification"

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Search Results for "deemed disqualification"

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High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Managing Committee Member for Having More Than Two Children Under Maharashtra Cooperative Societies Act. The court held that Section 154B-23(v) of the MCS Act independently applies to housing societies and incorporates the disqualification ground from Section 73CA(1)(f)(vii), and the authorities had jurisdiction to disqualify the petitioner based on evidence of three children after the amendment's commencement.

13 Jun 2024

The petitioner, a member of the Managing Committee of respondent No.6/Society, was disqualified by the Deputy Registrar Co-operative Society under Sec...

High Court

Bombay High Court Allows Writ Petition Challenging Disqualification of Sarpanch Under Maharashtra Village Panchayats Act — Failure to Convene Meeting Within Statutory Period Not Attributed to Sarpanch. Disqualification under Section 14(1)(j-3) of Maharashtra Village Panchayats Act, 1959 set aside as failure to convene Gram Sabha meeting was due to lack of quorum, not attributable to Sarpanch.

21 Feb 2023

The petitioners, Sonali Gajanan Dhepe and Savita Madhukar Dhepe, filed a writ petition before the Bombay High Court challenging the order of the Addit...

Supreme Court

Supreme Court Dismisses SLP Against High Court Order Rejecting Election Petition for Incurable Defects and Disqualification Under Section 8(3) of the Representation of the People Act, 1951. The Court held that defects in verification and prayer are incurable under Section 86(1) and that disqualification continues despite suspension of sentence.

9 Dec 2020

The petitioner, Saritha S. Nair, filed her nomination as an independent candidate for the Ernakulam Lok Sabha constituency in the April-May 2019 elect...

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 Disqualification of Sarpanch Under Section 14(1)(j-3) of Maharashtra Village Panchayats Act — No Evidence of Wilful Omission Causing Loss to Gram Panchayat. Disqualification set aside as Collector failed to record finding of loss and appellate authority dismissed appeal without considering merits.

10 Apr 2019

The petitioner, Savita Devidas Adhane, was elected Sarpanch of Gram Panchayat Viramgaon. On 04.08.2018, the District Collector, Aurangabad, disqualifi...

High Court

High Court of Bombay at Goa Disposes Cross Writ Petitions Challenging Disqualification of Managing Committee Under Section 61(a) of Goa Co-operative Societies Act, 2001; Clarifies Date of Commencement of Disqualification

11 Oct 2017

These two cross writ petitions arose from a common order passed by the Registrar of Co-operative Societies, Goa, under the Goa Co-operative Societies ...

High Court

High Court of Karnataka Quashes Disqualification of Councilors for Violating Party Whip in Municipal Election — Procedural Lapses and Lack of Opportunity to Show Cause Render Disqualification Order Invalid. The court held that disqualification under the Karnataka Local Authorities (Disqualification of Defection) Act, 1987 requires strict compliance with natural justice and proof of valid whip.

29 Jun 2017

The petitioners, Smt. Hemalata Suguresh Nagaloti and Sri. Hussainsab Shamidsab Bhagwan, were elected councilors of the City Municipal Council, Ilkal, ...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Injunction Restraining Chairman and Managing Director from Functioning in Company Dispute. Court holds that balance of convenience and prima facie case did not favor grant of injunction as plaintiff failed to establish that defendant's appointment was invalid or that he was acting against company interests.

8 Feb 2016

The appellant, Sridhar Sundararajan, filed an appeal against the order of the learned Single Judge dated 16th July 2015, which dismissed his Notice of...

High Court

Bombay High Court Allows Petition Challenging Rejection of Objections to Nomination in Cooperative Society Election. Removal from Managing Committee Under Section 78(1)(b) of Maharashtra Co-operative Societies Act, 1960 Disqualifies Candidates from Contesting Election to Board of Directors.

26 Mar 2015

The petitioners, Irshad Abdul Sattar Deshmukh and Rama Seva Chavan, filed a writ petition under Article 226 of the Constitution of India before the Bo...

High Court

Bombay High Court Allows Petitions Challenging Disqualification of Sarpanch Under Maharashtra Village Panchayats Act — Payment of Tax Before Scrutiny Cures Disqualification. The court held that Section 16(1)(j) disqualification for non-payment of tax does not apply if the candidate pays the tax before the last date for filing nominations, as the provision must be read harmoniously with the scheme of the Act.

28 Jan 2011

The judgment involves five writ petitions filed by candidates who were declared elected as Sarpanch of various Gram Panchayats in Dhule district. The ...

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