AI Overview...
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Disqualification due to Encroachment - A municipal council member was disqualified for encroaching on government land, and a court dismissed a petition to quash this order, affirming the disqualification under relevant municipal laws SUNITA VS STATE OF HP - Himachal Pradesh.
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Disqualification of Municipal Council President - Under the Karnataka Municipalities Act, 1964, a president was found guilty of misconduct for directing removal of municipal property, leading to disqualification based on misconduct in duties NOLAMBA VEERASHAIVA SANGA (R)SUB COMMITTEE ARASIKERE vs THE REGIONAL COMMISSIONER AND COMPETENT AUTHORITY MYSORE DIVISION - Karnataka.
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Political Affiliation Post-Election - Section 3(2) of the Municipal Act disqualifies members who join a political party after election, with no distinction made between independent or party-affiliated candidates, leading to disqualification if such joining occurs post-election Dattatraya Narayan Gupte since VS Pandurang Dagadu Mandhare since - Bombay.
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Disqualification of Municipal President - The Punjab Municipal Act, 1911, provides for disqualification of elected presidents and vice-presidents; notices of disqualification must be properly served, and appointments made without proper notification are invalid State of Punjab VS Bhajan Singh - Rajasthan.
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Disqualification Due to Removal or Court Declaration - A municipal council member was disqualified and his seat declared vacant following removal from service under Maharashtra Municipal Act, with appeals filed against the order Baby Samuel VS Tukaram Laxman Sable - Supreme Court.
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Voting Against Party and Disqualification - A councilor was disqualified for voting against his party’s candidates, and the court upheld the disqualification under relevant laws for voting against party directives MONCY THUMPUNKAL VS KERALA STATE ELECTION COMMISSION - Kerala.
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Disqualification for Voting or Abstaining - Under the Disqualification Act, 1986, a member can be disqualified if they vote or abstain from voting in meetings, as upheld in cases involving municipal council members Kedar Shashikant Deshpande etc. etc. VS Bhor Municipal Council & Ors. etc. etc - Supreme Court.
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Disqualification for Violating Election Provisions - An election commission sought disqualification of a municipal council member for violating Section 21(1) of the Act, with show cause notices issued and challenged in court VASANTHA VS UEUTENANT GOVERNOR - Calcutta.
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Disqualification Due to Multiple Elected Positions - A candidate holding multiple municipal positions was challenged on grounds of disqualification, with procedures outlined for declaring such a member disqualified G. Krishna, G. Kistaiah VS M. Ramakrishna Reddy - Andhra Pradesh.
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Disqualification for Criminal Involvement - Under Rajasthan Municipalities Act, 2009, a member was suspended from the vice-chairman position due to involvement in a criminal case, indicating disqualification on pre-election grounds Ghanshyam Gurjar VS State of Rajasthan - Rajasthan.
Analysis and Conclusion:
Municipal council member disqualifications occur for various reasons, including encroachment on government land, misconduct, joining political parties post-election, voting against party directives, abstaining or voting in meetings, violations of election laws, holding multiple positions, and involvement in criminal cases. Legal provisions across different states (e.g., Karnataka, Punjab, Maharashtra, Rajasthan) specify procedures and grounds for disqualification, emphasizing the importance of adherence to statutory and procedural requirements to maintain the integrity of municipal governance.
Search Results for "Disqualification of Municipal Council Member"
2013 0 Supreme(HP) 739 • India - Himachal Pradesh
SANJAY KAROL, RAJIV SHARMA
Election Disqualification - Municipal Council Ward Member - The court dismissed the petition seeking to quash the order disqualifying ... the petitioner from completing her tenure as a ward member of Municipal Council Sunder Nagar due to encroachment on government land ... government land, leading to disqualification under the relevant municipal act. ... That a writ of mandamus may be issued directing the respondents No. 1 to 3 to a....
2025 Supreme(Online)(Kar) 32077 • India - Karnataka High Court
S SUNIL DUTT YADAV, J
(A) Karnataka Municipalities Act, 1964 - Sections 41(1), 42(10), and 308 - Disqualification of President of Municipal Council for ... misconduct in duties - The impugned order was based on finding that the President directed removal of municipal property without ... Facts of the case: ... The President of the Town Municipality of Arasikere was found guilty of misconduct by directing removal of municipal ... municipal council and also further stated that, there is no ....
2002 0 Supreme(Bom) 1063 • India - Bombay
S.A.BOBDE
Section 3(2)-Disqualification of member of Municipal Council-Joining of political party may be disqualification after election-No ... -Section 3(2) of the Act providing for disqualification from being a member of Municipal Council makes no distinction between a person ... distinction by Section 3(2)-Joining of political party after election of independent member is a disqualification-Disqualified ....
2001 0 Supreme(Raj) 217 • India - Rajasthan
K.T.THOMAS, R.P.SETHI
Punjab Municipal Act, 1911, Sec. 24 – President and Vice-President of Municipal Council duly elected – Notice of disqualification ... served to the elected member – Notification for appointment of President of Municipal Council not issued by State Government without ... to be a member of the Municipal Council. ... Congress Members proposed the name of respondent No. 1 and the Returning Officer dec....
1995 0 Supreme(SC) 795 • India - Supreme Court
B.P.JEEVAN REDDY, SUHAS C.SEN
of Municipal council, under S. 44(1(b) and 44 of Maharashtra Municipal council Act, and court declaring that his post as member ... – Removed from service – Jurisdiction - Therefore hereby, am disqualifying Baby Samuel, present Chairman Municipal council as member ... of Municipal council has become vacant from - AGAINST the said order of removal/disqualification the appellant filed an appeal befo....
2015 0 Supreme(Ker) 836 • India - Kerala
A.M.SHAFFIQUE
The court considered a case challenging the disqualification of a Councilor from the Changanaserry Municipal Council under the ... Municipal Council and from contesting any local authority election for six years due to voting against the party's candidates in ... The petitioner, a member of the Kerala Congress (M), was disqualified for voting against the party's candidates in an election to ... No.69/2010, by which it is declared that the writ petitioner has been disqualified from bein....
2010 8 Supreme 449 • India - Supreme Court
GYAN SUDHA MISRA, J.M.PANCHAL
of a person to become member of Municipal Council is raised in these appeals. ... a councillor or a member if he votes or abstains from voting in any meeting of a Municipal Corporation, Municipal Council, zilla ... Disqualification Act, 1986 – Section 3(1)(b) – A councillor or a member shall be disqualified for being ... of Bhor Municipal Council, Taluka Bhor, District Pune, is upheld. ... It is n....
2006 0 Supreme(Cal) 141 • India - Calcutta
SUBHRO KAMAL MUKHERJEE
Fact of the Case: Petitioner, a member of the municipal council, challenged the show cause notice issued by the Election ... ELECTION COMMISSION - POWERS - INQUIRY INTO DISQUALIFICATION OF MEMBER OF MUNICIPALITY - SHOW CAUSE NOTICE - VALIDITY - ELECTION ... Commission seeking her disqualification for violating the provisions of Section 21(1) of the Andaman and Nicobar Islands (Municipal ... The Election Commissioner asked her to show cause as to why she should not b....
2005 0 Supreme(AP) 164 • India - Andhra Pradesh
ELIPE DHARMA RAO
herein gave a complaint to the Municipal commissioner with regard to disqualification of petitioner on ground that he is having more ... municipality which was held and was declared elected as Member/ councillor - Thereafter unsuccessful candidate-first respondent ... and 19 - Relief and ought to have rejected - Relief and ought - Petition are that the revision petitioner contested election as Member ... ... ( 6 ) A procedure is prescribed to declare a member as disqualified or has acquired d....
2021 0 Supreme(Raj) 1926 • India - Rajasthan
ASHOK KUMAR GAUR
Suspension - Municipal Council - Rajasthan Municipalities Act, 2009 - The court interpreted Section 39 regarding disqualification ... Fact of the Case: The petitioner was suspended from the post of Vice Chairman of the Municipal Council based on allegations ... of pre-election disqualification due to involvement in a criminal case. ... to be chosen as a member of Municipal Council, Alwar on account of involvement of the petitioner....
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