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..........
Punjab Panchayati Raj Act, 1994, Section 14, 15 -- Sarpanch - Elected on 29.1.2006 - Govt. ordered fresh election of Gram Panchayat in the year 2008 - Petitioner cannot claim that he can hold the post of Sarpanch for five years - Office of Sarpanch is co-terminus with term of Gram Panchayat u/s 15 of the Act...........
Punjab Panchayati Raj Act, 1994, Section 208(1)(g), Punjab State Election Commission Act, 1994, Section 11 -- Sarpanch - Office of profit - A salaried employee of any local authority, statutory corporation or Board or a Co-operative Society - Cannot be held to have held office of profit - Appellant whole time employee of Marketing Committee elected as Sarpanch of Panchayat..........
General Clauses Act, 1897, Section 21, Haryana Panchayati Raj Act, 1994, Section 4, 8 -- Election of Gram Panchayat - Wrong declaration of result - Power of State Election Commission to change result - Petitioner and respondent No.7 contested election of Panch - Petitioner declared elected by Presiding Officer - Notification published in Gazette - Petitioner administered..........
Haryana Panchayati Raj Act, 1994, Section 4, 8, General Clauses Act, 1897, Section 21 -- Election of Gram Panchayat - Wrong declaration of result - Rectification of error/mistake apparent on record - Notice to affected candidate, requirement of - Presiding Officer wrongly read result sheet and declared petitioner elected as Panch - Result notified in Gazette - Mistake..........
Constitution of India, 1950, Article 243K, Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, Section 12, Maharashtra Zilla Parishad and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996, Rule 4 -- General elections to Zilla Panchayat - Rotation policy - State Election Commission shall, in exercise of its powers conferred by Art.243K of..........
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..........
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...........
Constitution of India, 1950, Article 243K, 243ZA -- Election to Municipalities and Panchayat - Status & powers of State Election Commission - Duty of State Govt. - Powers of State Election Commission in respect of conduct of election is no less than that of Election Commission of India in their respective domain - It has to function independent of State Govt. in matter of..........