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“A representative of people should be a man of clear antecedents. It has often been seen that a large number of persons with criminal antecedents or who are charged with heinous crimes stand for and are elected to Legislative Assemblies and the Parliament.”
The writ court must be careful to ensure that outside narrow scope, no intervention is made that interferes with the progress of the election.
The NCLAT noted that the NCLT had not delegated its jurisdiction to the 15-member committee but tasked the committee to act under the NCLT’s oversight, ensuring compliance with its guidance and observations.
Enquiry cannot be conducted in the status of Shivaji Bandappa Kalge, the returned candidate and he cannot be declared as not belonging to “Mala Jangam” community scheduled caste as he has a caste validity certificate in his favour by the Caste Scrutiny Committee which has exclusive jurisdiction to grant the said certificate.
The online filing of nominations will play a vital role in fulfilling the commission’s statutory duty to maintain the purity of elections.
“An electoral outcome represents the will of the electorate and that it cannot be casually or easily disrupted. A strict approach is warranted. An election result is not a low hanging fruit to be plucked with ease.”
Supreme Court has stayed the impugned judgment subject to the condition that Mohammed Moquim will not be entitled to cast vote in the assembly proceedings.
Calcutta High Court emphasised on the importance of conducting the elections to avoid a “headless state of affairs” in the Council and to uphold the democratic process.
Referring to the ‘doctrine of necessity’, Supreme Court said that had the Working President did not convene the meeting, the elections of the executive body would have been in limbo for an unreasonable amount of time.
The figures show that there are as many as 5,175 subject cases against elected MPs/MLAs pending as of November, 2022. Of these, cases that are pending for more than 5 years are as many as 2,116, which figure is more than 40% of such pendency.
The House of Representatives for the State of Texas on 23-05-2023 passed SB-1070 amending Section 18.062 of the Election Code. Under new
The five Judge Constitution Bench of the Supreme Court has upheld the Governor’s decision of inviting Eknath Shinde to form the Government in the State of Maharashtra and has refused to quash Udhav Thackeray’s resignation as it was submitted voluntarily before the floor test. This Explainer not just provides a Bird’s-Eye view of the Supreme Court Judgment for easy reference but also gives a detailed point-wise breakdown of each issue.
The Court found the records of family register conspicuous showing an attempt to fabricate evidence of professing Christianity by A. Raja, who was elected to a seat of Kerala Legislative Assembly reserved for members of Scheduled Caste in Kerala.
If during course of investigation some credible evidence have been collected, charge sheet has been filed, cognizance has been taken, discharge application has been rejected by the Trial Court by speaking and reasoned order and that order has been upheld by the Revisional Court, by a speaking and reasoned order, then Arvind Kejriwal must participate in the trial proceedings.
Criminal proceedings against Arvind Kejriwal in Sultanpur Court have been stayed by Allahabad High Court, considering that special leave to appeal is still pending in Supreme Court and if it is allowed, then the entire proceedings would be a futile exercise.
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of EWS Quota and dissent; Juvenility of Kathua gangrape-murder accused; acquittal of all Chhawla gangrape-murder accused; why Rajiv Gandhi assassination convicts were set free, and more. It also covers reports on Justice Chandrachud’s appointment as the 50th CJI and his to-do-list; CJI UU Lalit’s retirement; explainers on important law points; some Never Reported Judgments; and career trajectory and important decision of Justice BR Gavai.
Allahabad High Court: In an appeal filed by Bharatiya Janata party MLA Vikram Singh Saini against the judgment passed by the
Supreme Court: In an appeal against the judgment passed by the Kerala High Court confirming an order passed by the
Madras High Court: In a review application filed to review the order passed by this Court, the division bench of R. Mahadevan
Supreme Court: The 3-judge bench of NV Ramana, CJ and Hima Kohli and CT Ravikumar, JJ has referred, the matter relating to