Search Results Page
Search Results
1 - 10 of 20 (0.29 seconds)Article 243E in Constitution of India [Constitution]
Section 5 in Assam Panchayat Act, 1994 [Entire Act]
Section 6 in Assam Panchayat Act, 1994 [Entire Act]
Article 243O in Constitution of India [Constitution]
Section 129 in Assam Panchayat Act, 1994 [Entire Act]
Dravida Munnetra Kazhagam (Dmk) vs Secretary Governors Secretariat And ... on 6 December, 2019
13] Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr.A.K. Talukdar,
learned counsel for the opposite parties/petitioners in WP(C) No.5771/2024 and
WP(C) no.48/2025 submits that there is no dispute on the powers of the State for
delimitation of Panchayat Constituencies. The question is how the decision has
been arrived at. As has been held by the Apex Court in Dravida Munnetra
Kazhagam (DMK) (supra), it is open to a writ Court to scrutiny the decision making
process and therefore, in a given matter the Court can always scrutinize the
decision making process and pass appropriate orders in order to uphold the
constitution mandate. Referring to the SOP dated 19.07.2024 he submits that there
is no bifurcation contemplated of any census or revenue village under Clause 4
B.K. Srinivasan & Another Etc. Etc vs State Of Karnataka & Ors on 19 January, 1987
Consequently, the people concerned who are affected could not represent or
ventilate their grievances before the competent Authority. Referring to a map
enclosed to the writ petition, learned Senior Counsel attempted to demonstrate as
Page No.# 48/58
to how the villages were segregated from the Gaon Panchayat Office requiring the
people of the Gaon Panchayat to undertake arduous journey to the Gaon Panchayat
Offices for any work relating to Panchayats. He has pressed into service the judgment
of the Apex Court rendered in B.K. Srinivasan & Others vs. State of Karnataka &
Others reported in (1987) 1 SCC 658 to submit that Sub-ordinate Legislation in order
to take effect must be published and promulgated in some suitable manner whether
such publication or promulgation is prescribed by the parent statute or not.
Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978
Referring
to Mrs. Maneka Gandhi vs. Union of India & Another reported in (1978) 1 SCC 248, he
submits that merely because a statutory provision empowering an authority to take
action in specified circumstances is constitutionally valid as not being in conflict with
any fundamental rights, it does not give a carte blanche to the authority to make any
such order it likes so long as it is within the parameters laid down by the statutory
provisions. He therefore submits that while there is no dispute that the Government
has the power to proceed for delimitation of Panchayat villages, the same will have to
be tested on the touchstone of the procedure prescribed and mandated by law.
Kishan Singh Tomar vs Municipal Corporation Of The City Of ... on 19 October, 2006
He refers to
another judgment of the Constitution Bench of this Court rendered in Kishan Singh
Tomar vs. Municipal Corporation of the City Ahmedabad reported in (2006) 8 SCC 352,
where the Apex Court held that the State Election Commission must take all steps to
ensure the election is completed within the time limit prescribed under the
Constitution. State Election Commission is to function independently of the State
Government. The fact that certain claims or objections are pending and are not finally
disposed of while preparing the electoral rolls or even assuming that they are not filed
in accordance with the law, as such, cannot arrest the process of election. He also
refers to an order passed by the Apex Court in WP(C) No. 51 of 2023 where the
delimitation process of the Parliamentary and Assembly Election in the State of Assam
was put to challenge and the Apex Court by order dated 24.07.2023 although
admitted the matter for further scrutiny, declined to pass any interim orders
interdicting the Election Commission from taking further steps towards holding of the
Page No.# 51/58
election. He therefore submits that in all matters where counter affidavit by the State
has not been filed, the State should be permitted to do so and the leave prayed for in
the Interlocutory Application's filed by the State and State Election Commission should
granted. No further interim order is respect of the other writ petitions are called for as
it will frustrate the steps undertaken to hold the Panchayat election in terms of the
Constitutional mandate.