Search Results for "Automatic Disqualification"

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Search Results for "Automatic Disqualification"

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High Court

Bombay High Court Dismisses Petition Seeking Disqualification of MLA in Election Law Case — Conviction Does Not Trigger Disqualification Under Section 8(3) of Representation of the People Act, 1951, When Sentence Is Suspended Pending Appeal.

7 Jun 2016

The petitioner, Sanjay Narayanrao Meshram, a citizen of India, filed a writ petition under Article 226 of the Constitution before the Bombay High Cour...

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 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

Karnataka High Court Dismisses Writ Petition Challenging Election of Director in Co-operative Society Due to Lack of Locus Standi. Non-Member of Society Cannot Challenge Election Under Karnataka Co-operative Societies Act, 1959.

20 Feb 2024

The petitioner, Ms. Roopa M, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 13.04.2023 passe...

High Court

High Court of Karnataka Quashes Disqualification of Municipal Members Under Anti-Defection Law — No Defection Found as Members Voted Against Party Whip in President Election Without Express Direction. Karnataka Local Authorities (Prohibition of Defection) Act, 1987 — Sections 3 and 4 — Disqualification set aside as whip was not issued by authorized person and members did not voluntarily give up membership.

16 Dec 2022

The petitioners, three women members of the Town Municipal Council, Mahalingapur, belonging to the Bharatiya Janata Party (BJP), were disqualified by ...

High Court

Bombay High Court Dismisses Petition Challenging Bank's Cancellation of Candidature Due to Conviction Despite Probation. Section 12 of Probation of Offenders Act Does Not Override Disqualification Under Section 10(1)(b)(i) of Banking Regulations Act, 1949 for Conviction Involving Moral Turpitude.

22 Feb 2013

The petitioner, Amit Mohod, applied for a clerical post in the Bank of India. During the recruitment process, it was revealed that he had been convict...

Supreme Court

Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

23 Oct 2019

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

High Court

Bombay High Court Allows Petition to Disqualify Panchayat Member for Conflict of Interest Under Goa Panchayat Raj Act, 1994 — Respondent Used Official Position to Obtain NOC for Spouse's Business, Violating Section 10(1)(h).

3 May 2011

The petitioner, a resident and voter of Verla Canca village, filed a writ petition under Article 226 of the Constitution seeking a declaration that re...

High Court

Bombay High Court Allows Writ Petition for Service Benefits to Former Assistant Teacher Granted Probation Under Probation of Offenders Act. Conviction under IPC does not automatically disentitle employee to consequential benefits when released on probation.

16 Jul 2015

The petitioner, Abdul Rashid Abdul Latif Musalman, a former Assistant Teacher employed by the Zilla Parishad, Jalgaon, was convicted by the Additional...

High Court

Bombay High Court Quashes Disqualification of Zilla Parishad Councilor for Office of Profit — Secretary of Watershed Committee Not an Office of Profit Under Section 16(1)(h) of Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961. The court held that the position of Secretary of a Watershed Management Committee with an honorarium of Rs.3,000 per month does not constitute an office of profit under the Act.

31 Jul 2019

The petitioner, Bhagwat Digambarrao Uphad, was elected as a Councilor of the Zilla Parishad. Respondent No.6, Vikram Hanumantrao Uphad, filed an appli...

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