Punjab Panchayati Raj Act, Section 40(2) - - Gram Panchayat if passes resolution to introduce prohibition in the village - State should help it rather than stretch facts to find excuse to interfere...........
Haryana Panchayati Raj Act, 1994, Section 51(3) -- Enquiry against Sarpanch - Has to be held in accordance with principles of natural justice - Minimum expected that Inquiry Officer must consider entire evidence - Evidence led but not considered in Enquiry Report - Cannot be said to be Enquiry Report at all...........
Haryana Panchayati Raj Act, 1994, Section 51(3), 51(4) -- Deputy Commissioner ordered not only removal of Sarpanch but also disqualified Sarpanch from contesting election for a period of six years - Enquiry Report shows that Inquiry Officer failed to apply his mind to the evidence led by the parties, not a single reason assigned as to why evidence adduced by Sarpanch not..........
Haryana Panchayati Raj Act, 1994, Section 176(4) -- Challenge to election of Sarpanch on the ground that Sarpanch was in unauthorised possession of Panchayat land on the date of filing nomination papers as well as on the date of holding of election for post of Sarpanch and therefore could not contest election - Setting aside election of Sarpanch as his nomination papers..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i), 14A(ii) -- Payment of rent in pursuance of order made under Section 14 - A(ii) - Does not absolve tenant of liability to be ejected on application filed under Section 14 - A(i) read with Section 9(1)(ii) - Two distinct remedies under Section 14 - A available to landowner are : (1) under clause (i), and (2) under..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 9(3) - - Member Legislative Assembly and Member of Parliament - Cannot be debarred from participating and voting in the meeting in view of Full Bench judgment in Raj Pal Chhabra's case 1998 (2) PLJ 202...........
Constitution of India, 1950, Article 226 -- Challenge to appointment of Administrator of Panchayat - Procedure contemplated under Section 200 Punjab Panchayati Raj Act - Not even invoked much less followed - Recommendation for appointment of Administrator as in meeting of Panchayat quorum not complete, 4 Panches against Sarpanch and out of 7 only 3 Panches in his favour -..........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Suspension of Sarpanch as a case under Sections 430/379 Indian Penal Code registered against him for unauthorised use (theft) of canal water - Unauthorised use of canal water - Not an offence - Offence alleged, theft (unauthorised use) of canal water - Does not constitute moral turpitude - No suspension can be ordered on..........
Haryana Panchayati Raj Act, 1994, Section 51(1) - - Suspension of Sarpanch in a case not involving moral turpitude - Cannot go beyond six months. Editorial Note. - 1998 (1) PLJ 587 Upheld...........
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..........
