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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANIL KSHETARPAL, HARPREET KAUR JEEWAN
Swaran Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Anil Kshetarpal, J.
Brief facts of the case:
1.1 With the consent of the learned counsel representing the parties, four connected Civil Writ Petition Nos.34269, 34290, 35321 and 35360 of 2024, shall stand disposed of by a common order.
1.2 In Civil Writ Petition No.34269 and 35321 of 2024, the petitioner(s) while alleging that failure to reserve seats for Schedule Caste, Backward Class, Women, is unconstitutional as well as against the provisions of the Representation of the People Act, 1952 (hereinafter referred to as 'the Act of 1952') challenges the constitutional validity of Section 4(a) of the Haryana Sikh Gurudwara (Management) Act, 2014 (hereinafter referred to as 'the Act of 2014'). They have also questioned the election schedule issued on 10.12.2024.
1.3 In Civil Writ Petition No.34290 and 35360 of 2024, proviso to Clause 10 of the Haryana Sikh Gurudwara Management Committee Election Symbols (Allotment) Order 2023, that debars the registered political party to form a group in its name and apply for common symbol has been challenged.
1.4 In order to comprehend the issues involved in the present case, certain relevant facts, in brief, are required to be noticed.
1.5 The
The Sikh Gurdawaras and Religious Endowment Act, 1973 does not violate constitutional rights as the legislature possesses the authority to regulate religious property management.
The Election Commission possesses lawful authority to enforce the Symbols Order, 1968, establishing differentiation in political party recognition and privileges as not arbitrary, supporting electora....
The ECI's power to allot symbols under paragraph 15 of the Symbols Order is independent of its power to register political parties under Section 29A of the Representation of the People Act, 1951, and....
The impugned clauses in the letters of registration were referable to the Second Amendment Order 1989 and within the Election Commission's power and jurisdiction.
Point of law: It is the political parties which sponsor candidates, that are in a position to incur large election expenses which often run into astronomical figures. We do not consider that preferri....
The right to contest elections in cooperative societies is statutory, and the court upheld the validity of existing bye-laws regarding seat reservations for S.C./S.T. without mandating specific const....
The Election Authority of UT of Ladakh has the competence to allocate election symbols, and the court's order did not contravene the Election Symbols Order of 1968.
The court upheld the Haryana Municipal (Amendment) Act, 2018, affirming the State Election Commission's authority to remove elected officials for disqualifications, aligning with legislative competen....
The court established that participation in the amendment process precludes subsequent challenges to its validity under cooperative society regulations.
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