Societies Registration Act, 1860, Section 25 -- (as applicable in U.P.) - Rules of Society not providing for election of its President - Registrar ordering continuance of a person as President - Same based on interim order of High Court - Such order cannot be construed as one u/s 25 - As rules of Society did not provide for election, application u/s 25 was incompetent -..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 11, 18, 26 -- Suit in Civil Court for declaration to be small landowner on appointed day (24.1.1971) and orders declaring land as surplus are illegal and void - Plaintiff availed of all remedies available under the Act and having lost in all those proceedings filed civil suit - Doctrine of election applicable - Having..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Election of society - Injunction restraining the holding of election - Defendants not prima facie shown to be the members/founder members of the society - Courts below found prima facie case in favour of plaintiff - Balance of convenience found in favour of the plaintiff - If election is held as per..........
Haryana Municipal Corporation Act, 1994, Section 36 -- as amended by Haryana Act 4 of 1995 - Term of office of Senior Deputy Mayor and Deputy Mayor - Extended from one year to five years - Haryana Ordinance 3 of 1997 withdrew by State - Amended provision pari materia to amended Section 18(3) Haryana Municipal Act - Amendment on 17.4.1995 by Haryana Act 4 of 1995 increasing..........
Haryana Municipal Election Rules, 1978, Rule 72A(3) -- Requirement of notice of IS days for consideration of No Confidence Motion - Plea that as notices issued to Member Legislative Assembly and Member Parliament not of 15 days therefore No Confidence Motion passed and subsequent election of new President liable to be set aside - Not tenable as neither Member Legislative..........
Haryana Panchayati Raj Act, 1994, Section 176(4) -- Illegalities and irregularities committed by Electoral Authorities during the conduct of election - Do not constitute a ground for setting aside election of returned candidate - Only two grounds on which election can be challenged are : (i) that returned candidate committed a corrupt practice within meaning of sub-section..........
Haryana Panchayati Raj Act, 1994, Section 176(4) -- Challenge to election of Sarpanch - Election Tribunal found that returned candidate did not commit any corrupt practice - Electio, petitioner can succeed only if he proves that some irregularities committed during course of counting and on a recount returned candidate found to have polled lesser number of votes than any..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 21, 9(3) -- Moving of no confidence motion against President or Vice President of Municipality - Has to be by at least one-third of total number of members of the Committee, that is, nominated members as well as elected members - For motion of no confidence to be carried - Not less than two-thirds..........
Haryana Municipal Election Rules, 1978, Rule 72A -- Only postulates that motion of no confidence would be initiated only after such requisition signed by one-third of total members of the Committee but motion would be deemed to have been carried only when two-thirds of the, members of the Committee vote for the motion - Expression not less than one-third of the total..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 9(3), 21 - - Haryana Municipal Election Rules, Rule 72-A as added vide notification dated 13.9.1995 - Amendments prospective and not retrospective in operation - Nothing in these provisions which necessarily suggests that operation of amended provisions has to be retrospective nor such approach..........
