Smt. Kavita Vs. State of Uttar Pradesh through Secretary & Ors.[ALL SC 2018 SEPTEMBER]

September 05, 2018: The U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961-Validity of the notice-Whether in a given case, the Collector has transgressed the limits of his own jurisdiction is a matter which can be addressed in a challenge under Article 226 of the Constitution. We clarify that we have not provided an exhaustive enumeration or list of circumstances in which the Collector can determine the validity of the notice furnished under sub-section (2) in each case and it is for the Collector in the first instance and for the Court in the exercise of its power of judicial review, if it is moved, to determine as to whether the limits on the power of the Collector have been duly observed-APPEAL DISMISSED.… Read More Smt. Kavita Vs. State of Uttar Pradesh through Secretary & Ors.[ALL SC 2018 SEPTEMBER]

SC held filing of nomination through Electronic form was illegal in WB Panchayat Election- Relief for TMC

August 24,2018: A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud exercised its extraordinary power under Article 142 of the Constitution and held : The provisions contained in the Panchayat Elections Act and rules constitute a complete code in regard to the conduct of the election, including in the matter… Read More SC held filing of nomination through Electronic form was illegal in WB Panchayat Election- Relief for TMC

Finality of the electoral roll cannot be challenged in an election petition

In this regard, reference can be made to the observations made by this Court in the case of Shyamdeo Pd. Singh v. Nawal Kishore Yadav (2000) 8 SCC 46. The Court has observed that inclusion of person or persons in the electoral roll by an authority empowered in law to prepare the electoral rolls though… Read More Finality of the electoral roll cannot be challenged in an election petition

Role of Rajya Sabha vs Role of Upper House in the other Constitutions

The growth of ‘Bicameralism’ in parliamentary forms of government has been functionally associated with the need for effective federal structures. This nexus between the role of ‘Second Chambers’ or Upper Houses of Parliament and better co-ordination between the Central government and those of the constituent units, was perhaps first laid down in definite terms with… Read More Role of Rajya Sabha vs Role of Upper House in the other Constitutions

Whether residence or domicile are essential ingredients of structure and composition of the Upper House.

The key question is whether residence was ever treated as a constitutional requirement under Article 80(4). In re: Special Reference No. 1 of 2002 [(2002) 8 SCC 237], it was observed that: “One of the known methods to discern the intention behind enacting a provision of the Constitution and also to interpret the same is… Read More Whether residence or domicile are essential ingredients of structure and composition of the Upper House.

A right to elect neither a fundamental right nor a common law right, is pure and simple a statutory right

Freedom of voting as distinct from right to vote is thus a species of freedom of expression and therefore carries with it the auxiliary and complementary rights such as right to secure information about the candidate which are conducive to the freedom… Read More A right to elect neither a fundamental right nor a common law right, is pure and simple a statutory right