Punjab Panchayat Samitis (Primary Members) Election Rules, 1961, Rule 17 -- Scope of - Two conditions for rejection of ballot paper : (1) if voter can be identified from placing of (X) mark, or (2) mark (X) placed in ambiguous manner - Ambiguity provided in Rule 17 - Means placing of(X) mark at such situation from where it cannot be determined in whose favour voter..........
Punjab Panchayat Samitis and Zila Parishads Act, 1961, Section 121(2)(a) -- Setting aside of election - Only if failure of justice has occurred - Mere misplacing or wrong or ambiguous marking of ballot paper - Cannot automatically result in failure of justice as provided in Section 121 - Finding of 'failure of justice' - Has to be held on the basis of facts - Failure to..........
Punjab Panchayat Samitis (Primary Members) Election Rules, 1961, Rule 17, 16(4) -- Rejection of ballot paper simply because cross-mark (X) not placed in column provided for the same, exactly opposite name or symbol of candidate - Illegal - Fixing of cross-mark (X) at a place other than one meant for it - Finding must be recorded about : (i) disclosure of identity of voter,..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4), 4 -- Encroachment on public place - Removal of - No action taken by Gram Panchayat - Suit in Civil Court by some of the villagers - Locus standi to sue - Section 91 Civil Procedure Code applicable - Suit neither filed by Advocate-General nor consent obtained of Advocate-General in writing before filing of..........
Punjab Pre-emption Act, 1913, Section 15 -- sub-sections (1) and (2) - Scope of - Sale if falls under sub-section (2) - Applicability of subsection (1) excluded - Dissenting judgment in A. I. R. 1976 Punjab and Haryana 157 Full Bench that observations made in earlier Full Bench 1970 P. L. J. 815 (that when a case is covered by Section 15(2) of the Act, the persons..........
Punjab Co-operative Societies Act, 1961, Section 55, 56 -- Primary Society indebted to Apex Society - Claim of Apex Society against Salesman of indebted Society - Dispute referred to arbitration - Award in favour of Apex Society against Salesman of indebted Society - Quashed as award cannot be made against employee of indebted Society...........
Punjab Gram Panchayat Act, 1953, Section 9(2) -- as in force in Haryana State - Removal of Sarpanch - Motion of no-confidence - Adjourned meeting - Valid despite lack of quorum - Motion of no-confidence at adjourned meeting - Cannot be carried by a majority of members present - Statutory requirement that majority of members constituting Gram Panchayat should vote for..........
Punjab Gram Panchayat Act, 1953, Section 9(2) -- Fourth Proviso as in force in Haryana State - Meeting convened to consider motion of no-confidence against Sarpanch - Prescribed quorum not present - No meeting since no quorum - Absence of quorum - Meeting invalid - Bar imposed by Fourth Proviso that one year should expire after date of last meeting - Not applicable...........
Punjab Gram Panchayat Act, 1953, Section 9(2) -- Fourth Proviso as in force in Haryana State - Object: (1) to secure to Sarpanch limited security of tenure, and (2) to prevent frequent crossing of floor by Panches - Not intended to protect Sarpanch who has lost confidence of majority of Panches...........
Punjab Co-operative Societies Act, 1961, Section 15, 23 - - Arrangements for holding elections of Managing Committee - Enrollment of new persons as members - Grievance that petitioners rendered into minority - Action of Committee not illegal if majority of members of the view that new members should be added...........
