Search Results for "Disqualification for defection"

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Search Results for "Disqualification for defection"

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High Court

"Exploring the Legal Framework on Political Defection and Local Governance in Maharashtra"

16 Jul 2024

The judgment addresses the legal framework surrounding political defections at various levels of government, including local authorities such as munic...

High Court

Bombay High Court Upholds Disqualification of Municipal Councillor for Defying Party Whip Under Maharashtra Local Authority Members Disqualification Act, 1986. The Court held that the Petitioner's act of voting against the party whip constituted defiance, warranting disqualification under Section 3(1)(b) of the Act.

18 Jul 2014

The Petitioner, Mrs. Sulabha Vijay Lokhande, was a Municipal Councillor in Panchgani Municipal Council, elected as an independent candidate in Decembe...

High Court

Bombay High Court Dismisses Disqualification Petition Against Councillor for Merger of Municipal Party - Merger of Shivsena Municipal Party with NCP Municipal Party Valid Under Section 5(1)(c) of Maharashtra Local Authority Members' Disqualification Act, 1986 as Shivsena Had Only One Member in Corporation.

27 Apr 2011

The petitioner, Sunil Supadu Mahajan, a municipal councillor of Jalgaon Municipal Corporation, filed two writ petitions challenging the dismissal of h...

High Court

Bombay High Court Quashes Divisional Commissioner's Order in Municipal Disqualification Case. Court Holds That Independent Corporator Cannot Be Treated as Member of Political Party Without Consent Under Maharashtra Local Authority Members Disqualification Rules, 1987.

6 Mar 2018

The petitioner, Lokashahi Aghadi, through its leader Shital Gaikwad, filed a writ petition challenging a communication dated 7.4.2017 issued by the Di...

Supreme Court

Supreme Court Allows Appeals Against Speaker's Inaction on Disqualification Petitions Under Tenth Schedule. The Court directed the Speaker to decide disqualification petitions within four months, holding that failure to act within reasonable time warrants judicial intervention.

21 Jan 2020

The appeals arose from the 2017 Manipur Legislative Assembly elections, which resulted in a hung assembly. The Indian National Congress won 28 seats, ...

High Court

Bombay High Court Allows Petition Challenging Municipal Standing Committee Resolution — Proportional Representation Mandated. Court quashes resolution dated 20.03.2012 determining strength of political groups on Standing Committee of Akola Municipal Corporation for not following single transferable vote method under Section 31(2) of Maharashtra Municipal Corporations Act, 1949.

8 May 2012

The petitioner, Mahanagar Sudhar Samiti, a political group in the Akola Municipal Corporation, challenged a resolution passed by the General Body on 2...

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

High Court of Karnataka Quashes Disqualification of Municipal Councillors for Violation of Natural Justice — Deputy Commissioner's Order Set Aside for Non-Compliance with Section 3(3) of Karnataka Local Authorities (Prohibition of Defection) Act, 1987. The court held that the mandatory requirement of affording a reasonable opportunity of hearing before disqualification was not complied with, rendering the order a nullity.

25 Sep 2021

The petitioners, seven municipal councillors of the City Municipal Council, Kollegal, challenged an order dated 06.09.2021 passed by the Deputy Commis...

High Court

High Court Dismisses Petition Challenging Disqualification of Councillor Under Anti-Defection Law — No Interference with Election Officer's Order as Alternative Remedy Available Under Article 226 of Constitution. The Court held that the existence of an alternative remedy under Section 22 of the Karnataka Municipalities Act, 1964 (election petition) is not an absolute bar to the maintainability of a writ petition, but the petitioner failed to demonstrate any exceptional circumstances warranting interference under Article 226.

21 Dec 2023

The petitioner, Sri K M Mune Gowda, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengalu...

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...

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