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NANDA SEN
Rina Kumari – Appellant
Versus
State of Jharkhand through Chief Secretary, Jharkhand, Ranchi – Respondent
Key Points: - (!) - (!) - (!) - (!) - (!)
JUDGMENT :
(Sri Ananda Sen, J.) :
These two writ petitions are taken up together.
2. Heard learned counsel Mr. Binod Singh, Mr. Kaushik Sarkhel, appearing on behalf of the petitioners, Mr. Shahabuddin, learned SC-VII and Mr. Gaurav Raj, AC to AAG II for the State and Mr. Sumeet Gadodia, learned counsel for the State Election Commission.
3. In WP(C) No.1923 of 2023, the petitioner has prayed for a mandamus directing the State to immediately and forthwith notify election process for Nagar Panchayat, Jamtara, as the term of Nagar Panchayat, Jamtara was to expire on May 2023. Further prayer has been made that if the elections are not notified and could not be held before the expiry of the term of the Nagar Panchyat, the seating members be allowed to function till the fresh elections are held. A prayer has also been made by way of amendment to quash the order by which, after expiry of the term of Nagar Panchayat, Jamtara, Administrator has been appointed.
4. In WP(C) No. 2290 of 2023, prayer has been made for a direction to hold election of Ranchi Municipal Corporation in view of the mandate under Article 243(U) of the Constitution of India and also in terms of Section 16(4) and 20 of the
The court reaffirmed the constitutional mandate for timely elections, ruling that delays based on incomplete formalities are impermissible in a democratic setup.
The court reaffirmed the constitutional mandate for timely elections in local bodies, emphasizing that procedural delays cannot impede democratic processes.
The main legal point established in the judgment is the inviolable nature of the constitutional mandate for timely elections and installation of elected bodies in local self-government, emphasizing t....
The principle of rotation as mandated by Section 10(1-A) of the Karnataka Municipal Corporations Act, 1976 (the Act) and the Rules made thereunder.
Article 243E mandates elections to Panchayati Raj Institutions before five-year term expiry; Disaster Management Act orders cannot override this constitutional duty absent proven exceptional circumst....
Non-conduct of municipal elections for over seven years constitutes a violation of constitutional duties and governance principles, warranting a writ of mandamus to uphold democratic processes.
Rules of game cannot be altered after the commencement of the game and the said moral obligation is applicable to the respondent-State also.
Point of law: petitioners are entitled to claim a right under the Constitution to vote and contest in the elections. But, that right must be a right accrued to Petitioner Nos. 2 to 4, as on the date ....
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