Punjab State Election Commission Act, 1994, Section 54, 76, 89 -- Gram Panchayat - Election - Improper rejection or acceptance of nomination papers - It is election petition and not writ petition which is maintainable...........
Punjab State Election Commission Act, 1994, Section 54(3) -- Gram Panchayat - Election - If the number of valid nominations are less than the number of posts, all the persons shall be declared elected to the posts...........
Punjab State Election Commission Act, 1994, Section 76 -- Gram Panchayat - Election of a member - Limitation to file election petition is 45 days - There is no provision for condonation of delay - Writ petition allowed to be withdrawn as it is election petition and not writ petition which is maintainable - Allowing withdrawal of writ petition with a liberty to file..........
Punjab Panchayati Raj Act, 1994, Section 208, Punjab State Election Commission Act, 1994, Section 11 -- Election of Gram Panchayat - Name of a candidate registered in voter list of two villages but he contested election from one village - Registration of name in two villages is not a disqualification - Moreover no evidence brought on record that candidate has exercised his..........
Punjab Panchayati Raj Act, 1994, Section 13 -- Panchayat election - Election petition - A petition that challenges the result in an election process shall set out in clear terms every one of the grounds, which according to the petitioner shows that the result was wrongly made...........
Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Election petition challenging election of Sarpanch of Gram Panchayat - Application also filed for recounting of votes and same allowed vide impugned order - No request was made to the Returning Officer immediately after election for recounting of votes - Held, in such situation recounting cannot be ordered by Court...........
Punjab Panchayati Raj Act, 1994, Section 11, 12 -- Punjab Panchayat Election Rules, 1994, R.45-A(1) Proviso, Punjab State Election Commission Act, 1994, S.54 - Election to post of Sarpanch of Gram Panchayat - Challenge against proviso to Rule 45-A(1) of Rules, 1994, which spells out that no proposer or seconder is required for a candidate for said office - Candidates..........
Punjab Panchayati Raj Act, 1994, Section 13A, Punjab Panchayat Election Rules, 1994, Rule 45(2), Criminal Procedure Code, 1973, Section 482 -- Election of Sarpanch - Power of High Court - High Court can quash proceedings even when remedy is available under Panchayati Raj Act and Rules...........
Punjab State Election Commission Act, 1994, Section 11(g) -- Nagar Panchayat - Election - Government employees are prohibited from taking part in election to Panchayat or Nagar Panchayat - Object in making the Rules is very clear, viz. the status enjoyed by candidate shall not be allowed to be prejudicial vis-a-vis a candidate who does not enjoy such a status...........
Punjab State Election Commission Act, 1994, Section 11(g) -- Nagar Panchayat - Election - Gramin Dak Sewak - Whether can become member of Nagar Panchayat - Service of Gramin Dak Sewak is governed by rules and those rules are framed in terms of proviso appended to Article 309 of the Constitution of India and Art.309 govern only government employees - Government employees..........
