Civil Procedure Code, 1908, Section 10, Punjab State Election Commission Act, 1994, Section 80, 81, 87, 100 -- Order of recount - Whether to operate as resjudicata - Election of Sarpanch of Gram Panchayat - Election petition - Application for recounting of votes - Dismissed by Tribunal - Another application for recount - Allowed by Tribunal - Order of recount set aside in..........
Punjab State Election Commission Act, 1994, Section 80, 81, 87, 100 -- Illegal cancellation of votes - Order of recounting of votes as a whole - Election of Sarpanch of Gram Panchayat - Returned candidate won by margin of 2 votes - Election petition - Numerous allegations against election process - Election petitioner gave up other allegations and persisted with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - To allow or not to allow - Jurisdiction of Court is discretionary in nature which is to be exercised on a judicious evaluation of facts and circumstances in which amendment is sought - If granting of amendment really sub-serves ultimate cause of justice, it has to be allowed - In an election case..........
Himachal Pradesh Panchayati Raj Act, 1994, Section 122(1), 162, 163, Himachal Pradesh Public Premises (Rent Recovery and Land Eviction) Act, 1972, Section 4, 7 -- Respondent elected member of Zila Parishad - Respondent had encroached upon land of Authority prior to election and was not qualified to hold the elected post - Deputy Commissioner set aside election - Held,..........
Punjab Panchayati Raj Act, 1994, Section 208(1)(i) -- Rejection of nomination paper - Election of Panch - Non payment of Chula Tax - Non payment chula tax is a disqulification - Nomination papers rightly rejected on account of arrear of Chula Tax payable to Gram Panchayat...........
Haryana Municipal Act, 1973, Section 10(5), Haryana Municipal Election Rules, 1978 -- President of municipalities - Reserved candidate contesting in general catergory - Effect on election - Post of President of municipalities filled by election by rotation from amongst the members belonging to general category, schedule casts, backward classes and women - Backward class..........
Punjab State Election Commission Act, 1994, Section 90 -- General category vis-a-vis General category (Woman) - Election to office of Panches - One post of general category and one post of general category (Woman) - Two men and two women candidates contested election in general category, both men and women - Women candidates secured 137 and 88 votes - Men candidates..........
Punjab State Election Commission Act, 1994, Section 90 -- Declaration of unreturned candidate as elected - Election to office of Panches - One post of general category and one post of general category (Woman) - Two men and two women candidates contested election in general category, both men and women - Women candidates secured 137 and 88 votes - Men candidates secured 115..........
Punjab State Election Commission Act, 1994, Section 38, Punjab Panchayati Raj Election Rules, 1994 -- Panch(G)/Lady Panch(G) - Five candidates contested election to the post of Panches in general category - Woman candidate secured maximum votes - Returning Officer considered her candidature against general seat reserved for woman - Declared four men elected - Woman..........
Constitution of India, 1950, Article 243U, 243E -- 'Whether duration of Municipality fixed under Article 243-U is mandatory in nature?' - Incumbent upon Election Commission and other authority to see that new Municipality is constituted with in time and election to Municipality are conducted before expiration of its duration of 5 years as stipulated in Article 243-U(1) -..........
