Indian Penal Code, 1860, Section 193, 203, 420, 467, 468, 471 -- Offence u/ss 193, 203, 420, 467, 468, 471 IPC - Wrong facts in nomination paper to escape disqualification pertaining to third child cannot be considered so as to constitute offence of cheating - Allegation made in FIR do not disclose any cognizable offence - At the most remedy available to complainant was to..........
Punjab Co-operative Societies Act, 1961, Section 26 -- Election - S.26(1) of the Act does not indicate that it makes any distinction between a primary society and central society - All that is referred to is that it applies to the cooperative society - Thus, plea of appellant that S.26(1) of the Act be read restricted only to primary societies, is misplaced as rule of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 171(F), 171(G), 420, 468, 471 -- Quashing of FIR - Offence u/ss.171(F), 171(G), 420, 468, 471 - Accused furnished false information regarding his children while contesting election - Does not constitute offence of cheating - Even, if offence was covered by S.171 IPC which is furnishing false..........
Haryana Panchayati Raj Act, 1994, Section 51, 176(4) -- Election petition - Removal of Sarpanch/respondent by civil Court as his election was set aside - Statutory appeal by respondent - In the instant case, petitioner sought direction to allow one of Panch to take rein of Panchayat for its management after removal of respondent - During pendency of appeal and in absence..........
Sikh Gurudwaras Act, 1925, Section 87(b), 88 -- Election - Gurdwara Committee - In the instant case, petitioner sought direction for election of committee of Sikh Gurdwaras so that persons holding posts as members since 2006 may not continue for indefinite period - However, elections were not held as Chief Commissioner Gurdwara not appointed by Ministry Home Affairs..........
Haryana Panchayati Raj Act, 1994, Section 51(6) -- Appointment of acting Sarpanch on removal of elected Sarpanch - Jurisdiction of Deputy Commissioner - Deputy Commissioner has no jurisdiction to direct election of acting Sarpanch as there is no provision exiting in the Act to appoint acting Sarpanch and only authorised panches can be handed over charge to look after..........
Maharashtra Co-operative Societies Act, 1960, Section 165(1)(2), Maharashtra Government Society (Election to Committees) Rules, 2014, Rule 20(3) -- Election - Nomination of candidates - Rejection - No nomination form can be rejected by Election Officer under election rules on ground that proposer or seconder of form has proposed or seconded more than one candidate...........
Societies Registration Act, 1860, Section 15 -- Election - Right to contest and cast vote - Once a person is admitted as a member according to rules and regulation of a society and if he has either paid his subscription or has signed roll or list of members, he would remain a member - Thus, first part of S.15 of the Act does not provide that for non-deposit of annual..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - As per averments Returned candidate (RC) does not have requisite minimum educational qualification of class VIII to contest election for post of Sarpanch - Mark sheet relied upon by RC is evidently forged and fabricated - Moreover, it does not indicate period during which RC studied..........
Haryana Registration and Regulation of Societies Act, 2013, Section 33(5) -- Election - Approval of list of governing body - Limitation - When list of governing body or collegium is submitted, Registrar is under obligation to decide application within 90 days but not later than 120 days - But, where Registrar does not accept or reject the list, then it would be presumed..........
