Punjab State Election Commission Act, 1994, Section 67(2)(a) -- Booth capturing - Counting of votes - Applicability of S.67 of the Act - It has been categorically mentioned in FIR as well as in reply of Returning Officer that occurrence took place when counting was over - Held, it is specifically mentioned in S.67(2)(a) of the Act that if such an incident occurs, it is to..........
Punjab State Election Commission Act, 1994, Section 89(1)(d)(iv), Punjab Panchayat Election Rules, 1994, Rule 33 -- Election petition - Maintainability - Result of election has been affected because of no, compliance of provisions of the Act more particularly S.67 of the Act and R.33 of the Rules - Held, election petition is maintainable u/s.89(1)(d)(iv) of the Act...........
Punjab Co-operative Societies Act, 1961, Section 11, 26(1)(b), Punjab Co-operative Societies Rules, 1963, Rule 12 -- Election petition - Limitation - Election of Director of Co-operative Bank - Held, where candidates were elected unopposed and declared on a particular date then their election is complete as soon as result is declared and period of 90 days would start..........
Civil Procedure Code, 1908, Order 14, Rule 1(1) -- Election petition - Framing of issues - Both parties agreed to recounting of votes - Held, it is not necessary to frame issues - Question of framing of issues arise only when fact is denied by either side U.O.14.R.1(1) CPC...........
Punjab Municipal Act, 1911, Section 13(1), Constitution of India, 1950, Article 243U -- Municipal Council - Determination of term - Whether meeting of MC held on 22.07.2008 would be first meeting which was disrupted due to quarrel ensued at instance of members themselves or would be meeting dated 24.07.2009 when 9 members were administered oath for their office or meeting..........
Punjab Panchayati Raj Act, 1994, Section 10, 10A -- Ward bandi - Challenge to vires of Ss.10 & 10-A - Petition challenging ward bandi after the date electoral rolls have been prepared and election schedule has been published - Held, petition not maintainable in view of specific bar u/Art.243 of Constitution to challenge law with regard to delimitation...........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of Sarpanch - Validity - After two years, on same allegations, petitioner was again placed under suspension - On appeal said order was set aside by appellate authority - Writ petition thereagainst - Learned Single Judge dismissed said petition by observing that when in regular inquiry respondent No.12 was given..........
Punjab Municipal Act, 1911, Section 28, Punjab Panchayat Election Rules, 1994, Rule 3, Constitution of India, 1950, Article 226 -- Elected President - Notification of - Meeting for election of President and Vice President was held in accordance with provisions of S.28 of the Act - No provision of law contained in R.3 of Election Rules 1994 was violated by members of..........
Punjab Panchayati Raj Act, 1994, Section 13, 19(3), 22, 87 -- Removal of Sarpanch - Acting Sarpanch or authorized Panch - Petitioner on his removal from the post of Sarpanch by way of no confidence motion challenged respondent's No.4 election as an acting Sarpanch u/s.13 (1) r/w S.22 of the Act - Held, respondent No.4 was not elected as acting Sarpanch u/s.13 (1) r/w S.22..........
Punjab State Election Commission Act, 1994, Section 76, 80 -- Election petition - Presentation of - Non compliance of S.76 - Effect - Neither election petition has been signed and attested on all pages nor copies supplied to appellant were signed and attested by election petitioner - Held, election petition filed by respondent No.1 is not in conformity with mandatory..........
