Indian Penal Code, 1860, Section 499 -- Defamation - Opinion expressed by member of Panchayat in bonafide belief to assist Court - Held, does not amount to defamation - Member Panchayat assisting court of Justice, falls within definition of `public servant' u/s 21 of Indian Penal code - Opinion expressed by him in good faith amounts to acting in discharge of public..........
Civil Procedure Code, 1908, Section 122, Order 8, Rule 1 -- Filing of written statement - Extension of time - Election petition - Held, provisions of Civil Procedure Code are made applicable for decisions of election petition filed u/s 22 of Panchayat Raj Adhiniyam 1993 - Tribunal closed right of petitioner to file written statement without extending time as stipulated..........
Punjab Panchayati Raj Act, 1994, Section 20(6) -- Appeal - Maintainability - Complaint filed by complainant against Panches of Gram Panchayat leading to their suspension - Subsequently panches reinstated by competent authority vide impugned order - Held, complainant is aggrieved party and has locus standi to file appeal against impugned order...........
Punjab Panchayati Raj Act, 1994, Section 19(2) -- No confidence motion against Sarpanch - Held, seven clear days notice is required to be issued to convene meeting of Gram Panchayat to consider no confidence motion - It is mandatory requirement - Meeting convened by Block Development and Panchayat Officer, without giving seven days notice - It is a gross violation of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab State Election Commission Act, 1994, Section 76,77,100,103 -- of as requisite security has not been deposited - of ,R. - Election petition dismissed by Tribunal on ground of non-compliance of provisions of Act of or ,R. 52 - Punjab Panchayat Election Rules 1994, R. 52, - Held, provisions of CPC are applicable to..........
Civil Procedure Code, 1908, Order 41, Rule 33, Punjab State Election Commission Act, 1994, Section 76,77,81,100,103 -- of as requisite security has not been deposited - of ,R. - Election petition dismissed by Tribunal on ground of non-compliance of provisions of Act of or ,R. 52 - Punjab Panchayat Election Rules 1994, R. 52, - Petitioner claimed declaration in his..........
Gram Panchayat Land -- Unauthorized occupation - Directions given to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and the same be restored to Gram Sabha/Gram Panchayat for the common use of villagers of the village...........
Punjab Municipal Act, 1911, Section 59, 240 -- Nagar Panchayat sold land to Punjab Mandi Board for establishment of market sub yard - Before sale, resolution was passed by Panchayat to sell land at the rate fixed by Deputy Commissioner - After obtaining requisite sanction and completing codal formalities, land was sold which panchayat was competent to transfer to any other..........
Punjab State Election Commission Act, 1994, Section 3, 66, Punjab Panchayat Election Rules, 1994, Rule 33(2) -- Election of Panches under reservation of different categories - Election result declared after counting of valid votes polled by each candidate in each respective category as per reservation - Presiding officer later on changed result at the directions of..........
Civil Procedure Code, 1908, Section 35 -- Punjab Panchayati Raj Act, 1994 - Election to post of Sarpanch - Notice issued to convene meeting at 2 P.M. on 23.07.2008 for election of Sarpanch - However, meeting held at 12 P.M. and Sarpanch elected - Petitioners could not attend meeting - Material indicated that Govt. officials in connivance with certain panches, forged record..........
