AI Overview...
Successive Terms - Summary of Main Points and Insights
- Membership and Successive Terms:
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Members appointed or created through nominations by the government or statutory bodies are generally not considered to have served successive full terms due to interim arrangements or non-permanent appointments. For example, in the context of syndicate memberships, such nominations do not count as full terms, affecting eligibility for successive membership K. A. Andrew VS Vice Chancellor - Kerala, K. A. Andrew VS Vice Chancellor - Kerala.
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Seat Reservation in Local Elections:
- The constitutional mandate (Articles 243D, 243T) and relevant legal provisions limit seat reservations to a maximum of two consecutive terms. Repeated reservations beyond this limit violate constitutional principles and previous judicial rulings ABDUL JABBAR Vs STATE OF KERALA - Kerala, ABRAHAM Vs STATION ELECTION COMMISSION - Kerala, SOMAN.P.S Vs STATE ELECTION COMMISSION - Kerala, K. A. Andrew VS Vice Chancellor - Kerala.
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Courts have consistently held that reservation of seats must not be successive beyond two terms, emphasizing the importance of maintaining electoral integrity and fairness MOHAMED SALIH Vs STATE OF KERALA - Kerala, VINOD P.R. Vs STATE OF KERALA - Kerala.
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Election Process and Notifications:
- The initiation of election processes is triggered only upon formal notifications issued in accordance with statutory procedures. Informal announcements or reliance on informal notices do not constitute valid initiation of elections ABRAHAM Vs STATION ELECTION COMMISSION - Kerala, VISHNU PRASANNAN Vs STATE ELECTION COMISSION - Kerala, VINOD P.R. Vs STATE OF KERALA - Kerala.
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The expiration of local body terms necessitates alternative arrangements until new elections are conducted, but these arrangements should respect the legal limits on seat reservations and successive terms MOHAMED SALIH Vs STATE OF KERALA - Kerala.
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Legal and Statutory Framework:
- The law emphasizes that no seat should be reserved for more than two consecutive terms, aligning with constitutional mandates to prevent perpetual reservation and ensure fair electoral practices K. A. Andrew VS Vice Chancellor - Kerala, SOMAN.P.S Vs STATE ELECTION COMMISSION - Kerala.
- Protection from transfer claims or membership rights cannot be extended successively if previously invoked, reinforcing the principle that such rights are limited to specific terms or periods K.R.SUNIL DUTT Vs KERALA STATE ELECTRICITY BOARD LTD., - Kerala.
Analysis and Conclusion
- The overarching legal principle is that successive full terms or reservations are restricted to two, to uphold constitutional mandates and electoral fairness.
- Appointments or nominations that are interim or non-permanent do not count as full terms, thus not affecting eligibility for successive membership or reservation rights.
- Election processes must follow formal statutory notifications; informal procedures do not suffice.
- These rulings aim to prevent the abuse of reservation policies and ensure regular renewal of electoral seats, maintaining the integrity of democratic processes.
References:
- K. A. Andrew VS Vice Chancellor - Kerala, ABDUL JABBAR Vs STATE OF KERALA - Kerala, ABRAHAM Vs STATION ELECTION COMMISSION - Kerala, VISHNU PRASANNAN Vs STATE ELECTION COMISSION - Kerala, DCB Bank Ltd. VS J. S. Sawhney - Delhi, VINOD P.R. Vs STATE OF KERALA - Kerala, MOHAMED SALIH Vs STATE OF KERALA - Kerala, K.R.SUNIL DUTT Vs KERALA STATE ELECTRICITY BOARD LTD., - Kerala, K. A. Andrew VS Vice Chancellor - Kerala, SOMAN.P.S Vs STATE ELECTION COMMISSION - Kerala
Search Results for "Successive Terms"
2011 0 Supreme(Ker) 213 • India - Kerala
B.P.RAY, C.N.RAMACHANDRAN NAIR
as a member should not be considered as successive due to an interim arrangement made by the Government through nominations. ... created through nominations by the Government should not be considered as a full term of office, and therefore, the petitioner's successive ... of the Syndicate created through nominations should not be considered as a full term of office, and therefore, the petitioner's successive ... The entitlement or disability of a person for successive membership in the Syndicate under the fourth proviso ....
2020 Supreme(Online)(KER) 42731 • India - High Court of Kerala
P. B. Suresh Kumar, J
Reservation - Local Elections - Articles 243D, 243T - The court analyzed provisions against successive seat reservations in local ... actions violate constitutional mandates and previous judgments requiring fresh allocations to prevent repeat reservations beyond two terms ... local elections, claiming it contravenes the legal provisions mandating that seats should not be reserved successively beyond two terms ... It was also pointed out by the learned counsel that the election process would begin only when a notification is issued in #HL_....
2020 Supreme(Online)(KER) 4700 • India - High Court of Kerala
The petitioners challenge the repeated reservation of seats in local body elections beyond the stipulated two consecutive terms ... It was also pointed out by the learned counsel that the election process would begin only when a notification is issued in terms of the relevant statutory provisions, and the announcement of the election on which reliance was placed by the Election Commission being only an informal affair, this Court ... It was also pointed out by the learned counsel that the term of the local bodies in the State is due to expire in the comi....
2020 Supreme(Online)(KER) 30673 • India - High Court of Kerala
P. B. Suresh Kumar, J
Issues: Whether the court should intervene in the election process based on claims of successive reservation of seats beyond ... It was also pointed out by the learned counsel that the election process would begin only when a notification is issued in terms of the relevant statutory provisions, and the announcement of the election on which reliance was placed by the Election Commission being only an informal affair, this Court ... It was also pointed out by the learned counsel that the term of the local bodies in the State is due to expire in the coming d....
2018 0 Supreme(Del) 1083 • India - Delhi
VALMIKI J.MEHTA
Registered lease deed was entered between the parties - Lease period of 10 years - Defendant was entitled to renew the lease for two successive ... terms of 10 years - There is no registered lease deed of the premises after expiry of the lease period - Tenancy became only a monthly ... In terms of the registered lease deed, the appellant/defendant was entitled to renew the lease for two successive terms of 10 years each commencing from 15.5.2012 and 15.5.2022. For this renewal periods even the rate of r....
2020 Supreme(Online)(KER) 29988 • India - High Court of Kerala
P. B. Suresh Kumar, J
It was also pointed out by the learned counsel that the election process would begin only when a notification is issued in terms of the relevant statutory provisions, and the announcement of the election on which reliance was placed by the Election Commission being only an informal affair, this Court ... It was also pointed out by the learned counsel that the term of the local bodies in the State is due to expire in the coming days and that the Government have to certainly make an alternative arrangement until the newly elected office bearers take charge in terms#....
2020 Supreme(Online)(KER) 5712 • India - High Court of Kerala
P. B. Suresh Kumar, J
the law governing the reservation of electoral seats, emphasizing that no seat should be reserved for more than two consecutive terms ... It was also pointed out by the learned counsel that the election process would begin only when a notification is issued in terms of the relevant statutory provisions, and the announcement of the election on which reliance was placed by the Election Commission being only an informal affair, this Court ... It was also pointed out by the learned counsel that the term of the local bodies in the State is due to expire in the ....
2020 Supreme(Online)(KER) 25443 • India - High Court of Kerala
Devan Ramachandran, J
Ratio Decidendi: A claim for protection from transfer cannot be made in successive terms once it has been invoked in a prior
2011 0 Supreme(Ker) 212 • India - Kerala
C.N.RAMACHANDRAN NAIR, B.P.RAY
the fourth proviso to Section 22(1) has to be decided by keeping in mind the entitlement of a person to become a member for two successive ... statutory provisions, their tenure ceased and new Senate and Syndicate took over - Held, The entitlement or disability of a person for successive ... terms of four years each, that is for a total period of 8 years. ... The entitlement or disability of a person for successive membership in the Syndicate under the fourth proviso to Section 22(1) has to be decided by keeping in mind ....
2020 Supreme(Online)(KER) 30668 • India - High Court of Kerala
P. B. Suresh Kumar, J
the need for maintaining electoral integrity while respecting constitutional mandates restraining seat reservations beyond two successive ... terms. ... Municipality Act, 1994 - Articles 243D and 243T - The court upheld that reservations for elections should not exceed two consecutive terms ... It was also pointed out by the learned counsel that the election process would begin only when a notification is issued in terms of the relevant statutory provisions, and the announcement of the election on which reliance was plac....
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