Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of bribe from complainant for issuing notice to Sarpanch - As per evidence on record, there is inconsistent testimony of complainant as to time to visit to office of Collector for making inquiry with accused - Even, inconsistent testimonies of complainant and panch witness as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - As per averments Returned candidate (RC) does not have requisite minimum educational qualification of class VIII to contest election for post of Sarpanch - Mark sheet relied upon by RC is evidently forged and fabricated - Moreover, it does not indicate period during which RC studied..........
Haryana Panchayati Raj Act, 1994, Section 176 -- Re-counting - Specific allegations that one electronic voting machine in which votes recorded at one particular time has not been taken into consideration and aforesaid mistake happened because on same day two different elections were held from same booth, one for Sarpanch of Gram Panchayat and other for member of Zila..........
Haryana Panchayati Raj Act, 1994, Section 51, 175(v) -- Removal of Sarpanch - On the ground of acquiring disqualification after election of Panchayat - Validity - Said removal cannot be challenged on the ground that only election petition can be filed on ground of such existing disqualification and contention that provisions of Ss.51, 175(v) of the Act cannot be invoked..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Prior enmity between parties due to election of Sarpanch - Incident occurred during winter evening - 17 accused allegedly assaulted complainant party - Identification of 17 accused persons would be extremely difficult, as it was dark - Only independent witness turned hostile and two eye witnesses not examined by..........
Constitution of India, 1950, Article 226, Orissa Gram Panchayat Act, 1965, Section 19, 44(2) -- Writ petition - Locus standi - Order allotting stock of PDS items to private retailers challenged by Sarpanch of Grama Panchayat - As Sarpanch has duty and responsibility to control PDS items in Grama Panchayat, therefore any illegalities committed in allotting PDS items in..........
Punjab State Election Act, 1994, Section 76, 78, Punjab Panchayat Election Rules, 1994, Section 50 -- Election petition -Election to post of Sarpanch of village Gurhi Sanghar and respondent name in voter list of village Mallan - Respondent submitted an application to Block Level Officer for deleting his name from voter list prior to holding election - In respect of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 468, 471 -- Bail - Offence u/ss 409, 420, 467, 468, 471 IPC - Petitioner being Sarpanch of village abused his authority and position and misappropriated sum of Rs.4 lacs which was for distribution amongst old age pensioners of village - Relevant document reflecting signatures of..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of lambardar - It is prerogative of collector to appoint lambardar by comparing merits of candidates - No interference with choice made by collector should be made even if two views possible - Order of collector can only be set aside in case of illegality or perversity -..........
Indian Penal Code, 1860, Section 409, 420 -- Offence u/ss 409, 420 IPC - Conviction u/s.409 IPC - Award of funds to Sarpanch for execution of certain works within stipulated time - As per documents of Inspection and materials on record Sarpanch was unable to finish work undertaken within time and also no extension of time sought by him - Work of only certain amount was..........
