S.25 Karnataka Societies Registration Act Does Not Empower Registrar To Enquire Into Election Matters: High Court
2 years, 3 months ago

S.25 Karnataka Societies Registration Act Does Not Empower Registrar To Enquire Into Election Matters: High Court

Live Law  

The Karnataka High Court has held that Registrar of Cooperative Societies, in exercise of its power to conduct enquiry under Section 25 of the Karnataka Societies Registration Act, cannot assume power of a Civil Court to consider evidence in election matters. However, it was of the view that the averments in the complaint undoubtedly require evidence and considering the same would not be within the realm or jurisdiction of the District Registrar, "as it would become a power akin to the Civil Court in deciding an election petition after recording of evidence, which power admittedly the District Registrar does not possess under the statute." The Court also referred to CMS Evangelical Suvi David Memorial Higher Secondary School Committee v. District Registrar Cheranmahadevi, wherein a full bench of the Madras High Court while interpreting Section 36 of the Tamil Nadu Societies Registration Act held that the power of the Registrar therein cannot be stretched to annulling an election or giving a direction to hold fresh elections. Case Title: SA RA GOVINDU & Others v. THE GOVERNMENT OF KARNATAKA Case No: WRIT PETITION No.14787 of 2022 Citation: 2022 LiveLaw 479 Date of Order: 16TH DAY OF NOVEMBER, 2022 Appearance: G.V.CHANDRASHEKAR, SR. ADVOCATE A/W APEKSHA, RAVI SHANKAR S.S, ADVOCATES for petitioners; RASHMI PATEL, HCGP FOR R1 AND R2; PAWAN SHYAM, ADVOCATE FOR R3; K.V.DHANANJAY A/W SUDARSHAN SURESH, ADVOCATES FOR R4; SUDARSHAN SURESH, ADVOCATE FOR R5; SUSHANTH V.A., ADVOCATE FOR R6, 7, 8, 9, 11 AND 12; E.P.RAGHAVENDRA, ADVOCATE FOR R10.

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History of this topic

Can associations be registered in caste name under societies Act, asks Madras HC
1 month ago

Can associations be registered in caste name under societies Act, asks Madras HC

New Indian Express  

CHENNAI: Can caste organisations, with avowed goals of furthering the interest of their respective castes, be registered in the caste’s name as societies under the state and the central acts, asked the Madras High Court. “Even though every citizen of India has the right to form an association under Article 19 of the Constitution of India and even persons belonging …

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC
2 months, 3 weeks ago

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes Act, 1990, does not take away the jurisdiction of the High Court to decide an election dispute questioning the caste of a returned candidate to the Legislative Assembly. He claimed that only the DCVC formed under the Karnataka Scheduled Castes Scheduled Tribes and …

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite
3 months ago

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite

Live Law  

The Karnataka High Court on Tuesday quashed the criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'. Earlier, the court had while issuing notice to the respondents said, “There shall be an interim order of …

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite
3 months ago

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite

Live Law  

The Karnataka High Court on Tuesday quashed the criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'. Earlier, the court had while issuing notice to the respondents said, “There shall be an interim order of …

Writ Petition Not Maintainable Against Rejection Of Nomination By Returning Officer, Election Petition Only Remedy: Karnataka High Court
10 months, 2 weeks ago

Writ Petition Not Maintainable Against Rejection Of Nomination By Returning Officer, Election Petition Only Remedy: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a writ petition challenging the rejection of a candidate's nomination by the returning officer is not maintainable and the remedy for such candidate is to file Election Petition. A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one V S Manjunath, who teaches in a college as guest lecturer …

Defection | Withdrawal Of Earlier Petition Against Defection Sufficient Ground To Condone Delay In Filing Subsequent Petition: Kerala High Court
1 year, 1 month ago

Defection | Withdrawal Of Earlier Petition Against Defection Sufficient Ground To Condone Delay In Filing Subsequent Petition: Kerala High Court

Live Law  

The Kerala High Court has held that if an election petition filed before the Election Commission within statutory period is withdrawn, the same will be sufficient cause for another person to seek condonation of delay in moving the subsequent election petition. "Once an original petition is filed before the Election Commission alleging defection within a statutory period and suppose the …

Provide Form For Candidates To Disclose Pending Criminal Cases During Nomination Process: Karnataka High Court To State Election Commission
1 year, 3 months ago

Provide Form For Candidates To Disclose Pending Criminal Cases During Nomination Process: Karnataka High Court To State Election Commission

Live Law  

The Karnataka High Court has directed the State Election Commission and other Agencies associated with the election process to implement directions given by the Apex Court pertaining to providing a form in which the contesting candidates are to declare their involvement in pending criminal cases, if any. The petitioner's election had been annulled by the Election Tribunal on the ground …

Karnataka State Election Commission Moves Supreme Court Against HC Order Extending Time For Delimitation Exercise For Local Body Polls
2 years, 4 months ago

Karnataka State Election Commission Moves Supreme Court Against HC Order Extending Time For Delimitation Exercise For Local Body Polls

Live Law  

The Supreme Court on Friday agreed to hear a plea filed by the Karnataka State Election Commission assailing the order of the Karnataka High Court which granted a further period of 12 weeks to the State Government to complete the exercise of delimitation of constituencies and providing reservation to SC, ST, OBC and other categories for all the Taluk & …

Right To Contest Elections Only A Statutory Right, Not A Fundamental Right: Andhra Pradesh High Court
2 years, 4 months ago

Right To Contest Elections Only A Statutory Right, Not A Fundamental Right: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has reiterated that the right to contest elections is not a fundamental right but only a statutory right. Aggrieved by the decision of the Election Officer, the petitioner filed the present writ petition under Article 226 of the Constitution praying for the issuance of the writ of mandamus to declare the action of the Election …

Karnataka Societies Registration Act Does Not Permit Two Societies With Same Name: High Court
2 years, 5 months ago

Karnataka Societies Registration Act Does Not Permit Two Societies With Same Name: High Court

Live Law  

The Karnataka High Court has held that under section 7 of the Karnataka Societies Registration Act, 1960, once a Society is registered with a particular name, registration of a second Society with the same name is impermissible. The petitioner Bengaluru Urban Zilla Amateur Kabbadi Association had approached the court questioning the order of District Registrar of Societies, cancelling the registration …

Karnataka Panchayat Raj Act | Election Petition May Be Presented By Advocate In Immediate Presence of Party: High Court
2 years, 5 months ago

Karnataka Panchayat Raj Act | Election Petition May Be Presented By Advocate In Immediate Presence of Party: High Court

Live Law  

The Karnataka High Court has said that under Section 15 of the Karnataka Panchayat Raj Act, 1993, an Election Petition can be presented before the designated court even by the advocate of the party, in the immediate presence of that party. A single judge bench of Justice HT Narendra Prasad sitting at Kalaburagi said, "It is clear that under Section …

BBMP Elections : Supreme Court Asks Karnataka Government To Publish Ward Wise Reservation List Within One Week
2 years, 7 months ago

BBMP Elections : Supreme Court Asks Karnataka Government To Publish Ward Wise Reservation List Within One Week

Live Law  

The Supreme Court, on Thursday, directed the Karnataka Government to publish the ward-wise reservation list for the Bruhat Bengaluru Mahanagara Palike within a period of one week from today, so that the Karnataka State Election Commission can take steps towards constitution of local bodies within a reasonable period of time, in accordance with applicable law. to immediately notify ward wise …

Not Earnest In Discharging Duties Despite Court Orders: Kerala High Court Raps Police Over Postponement Of Cooperative Society Election
2 years, 9 months ago

Not Earnest In Discharging Duties Despite Court Orders: Kerala High Court Raps Police Over Postponement Of Cooperative Society Election

Live Law  

The Kerala High Court on Thursday expressed its concern over the inaction of the police to avoid riots at a scheduled election to a Cooperative Society despite specific court orders, which in turn encourages the widespread politicisation of cooperative societies in the State.A Division Bench of Justice P.B. The Kerala High Court on Thursday expressed its concern over the inaction …

Can't Exercise Writ Jurisdiction To Interfere In Election Process Once It Has Commenced: Andhra Pradesh High Court
2 years, 10 months ago

Can't Exercise Writ Jurisdiction To Interfere In Election Process Once It Has Commenced: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently did not intervene in the election process of a Bank registered under the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995. Brief Facts of the Case It was the case of the petitioner that he was Member of respondent Bank which was registered under the provisions of the Andhra Pradesh Mutually Aided Co-operative Societies …

Bye-Laws Of The Co-Operative Society Constitutes A Contract Between The Society And Its Constituents: Madras High Court
3 years ago

Bye-Laws Of The Co-Operative Society Constitutes A Contract Between The Society And Its Constituents: Madras High Court

Live Law  

A division bench of Justice Pushpa Sathyanarayana and Justice Mohammed Shaffiq on 23.02.2022 was passing orders on a batch of appeals with respect to an election for the office-bearers of the South Indian Artistes' Association. The appellants were challenging a common order dated 24.01.2020 passed by Single judge, whereby the Single judge held that the decisions taken by the Executive …

Karnataka High Court Stays Holding Of Bar Council Of India Elections For Chairman & Other Office Bearers
3 years, 3 months ago

Karnataka High Court Stays Holding Of Bar Council Of India Elections For Chairman & Other Office Bearers

Live Law  

The Karnataka High Court has passed an interim order staying the holding of elections on December 4 or to any other adjourned date to the office of the Chairman, Vice-Chairman and Executive Members of the Bar Council of India.The High Court passed the order in a writ petition by Advocate Sadashiva Reddy YR, a member of the BCI from the …

Karnataka High Court Stays Holding Of Bar Council Of India Elections For Chairman & Other Office Bearers
3 years, 3 months ago

Karnataka High Court Stays Holding Of Bar Council Of India Elections For Chairman & Other Office Bearers

Live Law  

The Karnataka High Court has passed an interim order staying the holding of elections on December 4 or to any other adjourned date to the office of the Chairman, Vice-Chairman and Executive Members of the Bar Council of India.The High Court passed the order in a writ petition by Advocate Sadashiva Reddy YR, a member of the BCI from the …

ECI has to ensure strict adherence to law on electoral registration: HC
3 years, 5 months ago

ECI has to ensure strict adherence to law on electoral registration: HC

The Hindu  

The High Court of Karnataka on Friday said that the Election Commission of India would have to strictly adhere to the provisions of the Representation of the People Act, 1950, in the process of registration of voters. A Division Bench comprising acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum passed the order while disposing of a PIL …

Kerala Assembly Elections : Congress Candidates Move High Court Seeking Safe Custody Of Postal Ballots
3 years, 11 months ago

Kerala Assembly Elections : Congress Candidates Move High Court Seeking Safe Custody Of Postal Ballots

Live Law  

Alleging widespread irregularities in the handling of postal ballots, three candidates of the Indian National Congress in the upcoming assembly elections have filed a writ petition in the Kerala High Court.The petition filed by K Muraleedaharan, Anad Jayan and Deepak Joy, candidates of Nemom, Vamanapuram and Vypeen constituencies respectively, are seeking a direction that the postal. Alleging widespread irregularities in …

'Strict' Election Commission Can Ensure Govt. Funds Aren't Brazenly Used For Campaigning Purposes Madras High Court
3 years, 11 months ago

'Strict' Election Commission Can Ensure Govt. Funds Aren't Brazenly Used For Campaigning Purposes Madras High Court

Live Law  

The Madras High Court on Tuesday observed that in an ideal situation, there should be a level playing field where the government functionaries do not use the perks and benefits in the office while they campaign for election purposes. However, the Court further said, " A strict Election Commission can, nonetheless, put some guidelines in place, in addition to the …

Karnataka High Court Refuses To Entertain Plea To Allow All Senior Citizens To Cast Vote Through Postal Ballots
3 years, 11 months ago

Karnataka High Court Refuses To Entertain Plea To Allow All Senior Citizens To Cast Vote Through Postal Ballots

Live Law  

The Karnataka High Court on Tuesday refused to entertain a plea which sought to permit all senior citizens to cast vote through postal ballots.A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj, while dismissing the PIL filed by Advocate Ramesh Naik L, said "It is not for the writ court to issue a mandamus directing that all …

Karnataka High Court Initiates Suo-motu Petition To Ensure Elections Are Held To Municipal Bodies
4 years, 3 months ago

Karnataka High Court Initiates Suo-motu Petition To Ensure Elections Are Held To Municipal Bodies

Live Law  

The Karnataka High Court on Monday directed the registry to initiate a suo-motu writ petition to issue directions to State Government and the State Election Commission to hold elections to the Municipalities as per the mandate of clause of Article 243U of the Constitution. A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty directed the Registrar …

Telangana High Court questions early polls to local bodies
5 years, 9 months ago

Telangana High Court questions early polls to local bodies

Deccan Chronicle  

Hyderabad: The Telangana High Court directed the state government and State Election Commission to explain their stand on holding elections to the municipal corporations and municipalities whose term ends on July 2. Justice P. Naveen Rao was dealing with a petition filed by Mr Jajula Srinivas Goud, president of the Telangana State Backward Classes Welfare Association, seeking a direction to …

Whether Registrar Can Cancel Registration Of A Society? Calcutta HC Delivers Split Verdict [Read Judgment]
6 years, 6 months ago

Whether Registrar Can Cancel Registration Of A Society? Calcutta HC Delivers Split Verdict [Read Judgment]

Live Law  

A division bench of Calcutta High Court has delivered a split verdict over the issue of whether a Registrar under The West Bengal Societies Registration Act, 1961 can cancel the registration of a society.The single bench of the high court had upheld such an order of Registrar of Firms, Society and Non-trading Corporations who had cancelled the registration of the …

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