Election -- Right to Symbol - De-recognition of party - Symbol is not a tangible thing nor does it generate any wealth, it is only the insignia which is associated with the particular political party so as to help the millions of illiterate voters to properly exercise their right to franchise in favour of the candidate of their choice belonging to a particular party -..........
Constitution of India, 1950, Article 324, Representation of the Peoples Act, 1951, Section 29A, Conduct of Elections Rules, 1961, Rule 5, 10 -- Election petition - Maintainability - Question whether Election Commission should freeze symbol and symbol should not be given as a free symbol is not the prayer in the Writ Petition nor was it even argued before the High Court -..........
Punjab Panchayati Raj Act, 1994, Section 13, 13A, 104, 167 -- Eligibility of Scheduled Caste Women - Women elected to the office of Panch against the reserved category of SC (Women) - She is eligible to contest election of Sarpanch against seat reserved for `women' - Act or rules do not exclude her from being elected to the reserved seat of Sarpanch for women...........
Punjab Panchayati Raj Act, 1994, Section 13, 13A, 104, 167 -- Declaration of election of all the members of Gram Panchayat - Held, if no candidate could be elected against one of the seats of Gram Panchayat, the election of all other elected panches cannot be kept pending for notification until all the seats are filled up - Election of all the members should mean only..........
Haryana Municipal Act, 1973, Section 10(5), 18, 265, Constitution of India, 1950, Article 15, 226, 227, Haryana Municipal Election Rules, 1978, Rule 70(1)(b), 70(4), 74, 75 -- Election of President of Municipal Council - Respondent elected as Municipal Councilor from seat reserved for category `Women' - Office of President reserved for General Category - Plea that..........
Orissa Municipal Act, 1950, Section 38, 16(1)(iv), 17(1)(b) -- Election petition - Challenging election of appellant as Councillor and Chairperson - On the ground of disqualification incurred being a leprosy patient - Since appellant was actually leprosy patient and was still not cured at time of election - Therefore, he was rightly disqualified...........
Constitution of India, 1950, Article 14, Orissa Municipal Act, 1950, Section 38, 16(1)(iv), 17(1)(b) -- Election petition - Disqualification on ground of being leprosy patient - Reasonable qualification - Classification amongst those candidates who have become of unsound mind or leprosy or TB patients does bear reasonable relation with object sought to be achieved by Act..........
Punjab Panchayati Raj Act, 1994, Section 12(1) -- Election to the post of Sarpanch reserved for category of Scheduled Caste - A person belonging to Schedule Caste elected as Panch against general category seat - Held, such a Panch is fully eligible to contest the election of the office of Sarpanch, which was reserved for Scheduled Caste...........
Punjab Municipal President and Vice President Election Rules, 1994, Rule 5(c) -- Meeting convened by Presiding Officer for election of President and Vice President of Municipal Council - Presiding Officer postponed meeting in face of rival candidates obtaining equal number of votes - Order of Presiding Officer set aside - Held, meeting cannot be postponed on the request of..........
Punjab Panchayati Raj Act, 1994, Section 13A -- Jurisdiction of Election Tribunal - Stay of election of Sarpanch - Law does not empower Election Tribunal to pass order staying election of Sarpanch during pendency of election petition - Order of High Court to decide application before final selection of Sarpanch would restrain elected Panches to elect Sarpanch in meeting..........
