Civil Procedure Code, 1908, Section 79, Order 27, Rule 1, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3 -- Punjab Tenancy Act - Plaintiff filed suit that he has acquired occupancy rights under provisions of ,S. 3 - Plaintiff did not array Gram Panchayat as party - Union of India made party and arrayed as owner, but not sued through..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Controversy whether suit land vests or does not vest in Panchayat under provisions of the Act - Held, such controversy can be resolved by authorities under the Act and dispute cannot be entertained by Civil Court in face of statutory bar contained in S.13 of the Act...........
Punjab State Election Commission Act, 1994, Section 76(1) -- Election petition challenging election of panch of Gram Panchayat - Petition not presented within 45 days an envisaged u/s 76(1) of the Act - Held, extraordinary jurisdiction available under Article 226 of Constitution of India exercised by High Court and approved by Supreme Court is not available to Election..........
Haryana Panchayati Raj Act, 1994 -- Election - Returning Officer - If the Returning Officer had acted out of malice or his action is a result of fraud and election certificate is a result of fabrication, then the remedy for the aggrieved candidate is to approach the Election Tribunal to challenge the certificate issued by the Returning Officer - Election Tribunal can..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 -- Land in dispute individual ownership of Gram Panchayat - Held, Gram Panchayat is competent to invoke the provisions of Public Premises Act...........
Punjab State Election Commission Act, 1994, Section 76, 89, 90, Punjab Panchayati Raj Act, 1994, Section 22 -- Punjab Gram Panchayat Election Rules, 1960 - Election - Returned candidate expired during pendency of election petition which was ultimately allowed by Election Tribunal - Held, provision of S.22 of Act of 1994 would not be of any help to the appellant - S.22..........
Punjab State Election Commission Act, 1994, Section 76, Punjab Panchayat Election (First Amendment) Rules, 2008, Rule 45(2), 45(b) -- Election of Sarpanch - Five panches out of nine elected panches came present in first meeting convened to elect Sarpanch - Meeting postponed due to lack of quorum - Second meeting again postponed when only five majority panches were present..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 13 -- Land reserved as `charand' for grazing cattle at the time of consolidation of holdings in the village - It vests in the village Gram Panchayat u/s 2(g)(1) of the act - Contention that only proprietors of land are entitled to graze cattle and not non proprietors, not tenable...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Shamlat Deh - Gram Panchayat moved application u/s 7 of the Act - Assistant Collector seeking eviction of petitioners on the ground that they are unauthorized occupants - Petitioners denied that land was shamlat deh, but taking plea that they are the owners of the same - Assistant Collector converted..........
Punjab Panchayati Raj Act, 1994, Section 216 -- Block Development and Panchayat officer issued notice to petitioner calling upon him to deposit Rs.1.19 lakhs so as to make good the loss caused by him to Panchayat funds - Before passing effective order, authorities bound to follow procedure as laid down u/s 216 of Act - Held, petitioner was denied right to contest..........
