Questions aplenty on Haryana panchayat poll law
9 years, 3 months ago

Questions aplenty on Haryana panchayat poll law

The Hindu  

The Supreme Court judgment upholding the new Haryana panchayat law, which limits the voter’s freedom to choose his own candidate in a participatory democracy, offers limited and unidimensional explanations to questions and issues raised by parties in court. The judgment by a Bench led by Justice J. Chelameswar does not explain why it considers disqualifications in Section 175 of the Haryana Panchayati Raj Act 2015, including the lack of minimum educational qualification, electricity bill arrears, agricultural loan arrears and absence of a functional toilet at home, reasonable. Is the Haryana law not violative of the Supreme Court’s own judgment by Justice Krishna Iyer in Mohinder Singh Gill v. Chief Election Commissioner that the “little man’s right to rise to prime ministership or presidentship cannot be wished away”? Was the Haryana law not violative of the Supreme Court judgment in Union of India v. Association for Democratic Reforms of 2002 which held that no law can restrict a voter’s right to decide for himself whether educational qualification or property of a person is relevant for the latter to be elected or re-elected as his representative?

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History of this topic

Can't Allow Conversion Of Appeal Into Election Petition Through Amendment If Compliance With Panchayat Rules Not Established: MP High Court
3 months, 3 weeks ago

Can't Allow Conversion Of Appeal Into Election Petition Through Amendment If Compliance With Panchayat Rules Not Established: MP High Court

Live Law  

The Madhya Pradesh High Court in a recent ruling held that an appeal cannot be converted into an election petition by way of an application for amendment, if compliance with provisions under M.P. A single-judge bench of Justice Vinay Saraf observed, “An application for amendment cannot be allowed to convert an appeal into election petition, if the compliance of mandatory …

Punjab & Haryana High Court Upholds Constitutional Validity Of Haryana Municipal (Amendment) Act, 2018
4 months ago

Punjab & Haryana High Court Upholds Constitutional Validity Of Haryana Municipal (Amendment) Act, 2018

Live Law  

The Punjab & Haryana High Court upholds the constitutionality of Haryana Municipal Act, 2018 whereby the State Election Commission was empowered to remove to remove municipal presidents and members on grounds of statutory disqualification under section 13 A of the Act. Justice Sureshwar Thakur and Justice Sudeepti Sharma said that Article 243V of the Constitution explicitly allowed state legislatures to …

Haryana assembly polls: State elected only 87 women MLAs since 1966
6 months ago

Haryana assembly polls: State elected only 87 women MLAs since 1966

Hindustan Times  

The state of Haryana is facing elections to its 90-member state legislative assembly to elect its next government on October 5. Not just women MLAs, the state known for its skewed sex ratio has never had a woman chief minister. Former state education minister and Jhajjar constituency candidate Geeta Bhukkal from the Congress said, “A Bill granting 33 per cent …

Himachal Political Crisis: 6 Congress MLAs, Who Cross-Voted In Rajya Sabha Polls, Disqualified
1 year ago

Himachal Political Crisis: 6 Congress MLAs, Who Cross-Voted In Rajya Sabha Polls, Disqualified

News 18  

The six Congress MLAs, who cross-voted in favour of the Bharatiya Janata Party in Himachal Pradesh Rajya Sabha polls, have been disqualified from the state assembly. “Six MLAs, who contested on Congress symbol, attracted provisions of anti-defection law against themselves…I declare that the six people cease to be members of the Himachal Pradesh Assembly with immediate effect,” said Pathania. The …

High Court quashes Haryana govt's 75% quota for locals in private sector
1 year, 4 months ago

High Court quashes Haryana govt's 75% quota for locals in private sector

Hindustan Times  

The Punjab and Haryana high court on Friday struck down a Haryana law that reserved 75% private sector jobs, paying up to ₹30,000 a month, for local candidates and found it unconstitutional, delivering a setback to the Manohar Lal Khattar government less than a year before assembly polls. Read here: Haryana govt's 75% quota for locals in private sector quashed …

High Court sets aside Haryana law guaranteeing 75% reservation to locals in private sector
1 year, 4 months ago

High Court sets aside Haryana law guaranteeing 75% reservation to locals in private sector

The Hindu  

The Punjab and Haryana High Court on Friday quashed the Haryana government’s law guaranteeing 75% reservation to locals in private sector jobs in Haryana. The court of Justice Gurmeet Singh Sandhawalia and Justice Harpreet Kaur Jeewan pronounced the order to quash the law – Haryana State Employment of Local Candidates Act, 2020 – while hearing multiple petitions against the implementation …

Punjab and Haryana HC Permits Haryana to Hold Panchayat Elections
2 years, 10 months ago

Punjab and Haryana HC Permits Haryana to Hold Panchayat Elections

News 18  

The Punjab and Haryana High Court on Wednesday permitted the Haryana government to hold elections to Panchayati Raj Institutions. "The high court has permitted Haryana state to hold elections to the Panchayati Raj Institutions. He said the division bench comprising Chief Justice Ravi Shanker Jha and Justice Arun Palli passed the order after accepting the state's plea to permit it …

Can A State Restrict Employment On The Basis Of Domicile?: Punjab & Haryana High Court To Examine
3 years, 1 month ago

Can A State Restrict Employment On The Basis Of Domicile?: Punjab & Haryana High Court To Examine

Live Law  

While putting an interim stay on the implementation of Haryana state's law providing for 75% reservation for state domicile in the private sector, the Punjab and Haryana High Court underscored that the core issue which is to be examined is - whether any State can restrict employment on the basis of domicile.The stay on the law came from the Bench …

Haryana private sector law put on hold
3 years, 1 month ago

Haryana private sector law put on hold

Hindustan Times  

The Punjab & Haryana high court on Thursday put on hold the Haryana government’s law to reserve 75% private sector jobs, paying up to ₹30,000 a month, for local candidates in the state -- a decision that comes as a setback to the Manohar Lal Khattar government, and a relief to industry bodies that have opposed it. The Haryana law …

Haryana Congress MLA disqualified after conviction in rioting case: Details
4 years, 1 month ago

Haryana Congress MLA disqualified after conviction in rioting case: Details

Op India  

In a major development on Saturday, a 58-year-old Congress MLA named Pradeep Chaudhary has been disqualified from the Haryana State Assembly after he was convicted in a decade-old riot case by a Himachal Pradesh court. Pradeep Chaudhary, who represented the Kalka Assembly, has been sentenced to 3 years behind bars and penalised ₹85,000 by the Nalagarh court in the Solan …

'Restricts Women From Contesting From General Wards": Punjab & Haryana HC Issues Notice On Plea Challenging Haryana Panchayati Raj (Second Amendment) Act
4 years, 2 months ago

'Restricts Women From Contesting From General Wards": Punjab & Haryana HC Issues Notice On Plea Challenging Haryana Panchayati Raj (Second Amendment) Act

Live Law  

The Punjab and Haryana High Court on Tuesday issued notice on a writ petition challenging the vires of the Haryana Panchayati Raj Act, 2020, which provides 50% reservation of seats for women in local body elections. As per the impugned amendment, the wards in Gram Panchayats, Block Samitis and Zila Parishads are to be sequentially numbered and the even numbered …

Haryana drafting Ordinance for 75% reservation to locals in private sector
4 years, 8 months ago

Haryana drafting Ordinance for 75% reservation to locals in private sector

The Hindu  

The Haryana Cabinet on Monday approved a proposal for drafting the Haryana State Employment of Local Candidates Ordinance, 2020, to provide 75% reservation to residents of the State in jobs in the private sector. The draft to be brought before the next Cabinet meeting will earmark new jobs with a salary of less than ₹50,000 per month to local candidates …

Haryana Assembly polls: Nationalism will trump caste arithmetic, Article 370 deciding factor, says Manohar Lal Khattar
5 years, 6 months ago

Haryana Assembly polls: Nationalism will trump caste arithmetic, Article 370 deciding factor, says Manohar Lal Khattar

Firstpost  

Manohar Lal Khattar said that the abrogation of Article 370 was a ’landmark decision’, which has boosted BJP’s popularity in Haryana Sampla: The overwhelming support for the abrogation of Article 370 has broken all caste barriers in Haryana and Bharatiya Janata Party’s popularity has soared across all sections ahead of the Assembly election, Chief Minister Manohar Lal Khattar has said. …

A disaster for democracy
9 years, 3 months ago

A disaster for democracy

The Hindu  

THE recent Supreme Court ruling in Rajbala and Others vs the State of Haryana, by a two-judge bench of Justices J. Chelameswar and Abhay Manohar Sapre, must rank as one of the most retrograde judgments in the history of that august court. The case was brought against the Bharatiya Janata Party-run government of Haryana, which recently passed a law in …

Panchayats must not be elitist
9 years, 3 months ago

Panchayats must not be elitist

The Hindu  

Eyebrows will be raised when one finds that the post of Governor has the least qualifications prescribed under the Constitution. However, the Supreme Court in the Rajbala vs. State of Haryana case >upheld the validity of the Haryana Panchayati Raj Act requiring that a matriculate alone can hold the post of Panchayat president or ward member. The Court upheld the …

Requirement of Minimum Qualification for Contesting Election is not Unconstitutional; SC [Read Judgment]
9 years, 3 months ago

Requirement of Minimum Qualification for Contesting Election is not Unconstitutional; SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court of India Today upheld the validity of Haryana Panchayati Raj Act, 2015, which interalia introduced the minimum educational qualification for candidates to contest the panchayat elections.The Bench consisting of Justice Chelameswar and A.M.Sapre held that both the rights namely "Right to Vote" and "Right to Contest" are. A two Judge Bench of …

Requirement of Minimum Qualification for Contesting Election is not Unconstitutional; SC [Read Judgment]
9 years, 3 months ago

Requirement of Minimum Qualification for Contesting Election is not Unconstitutional; SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court of India Today upheld the validity of Haryana Panchayati Raj Act, 2015, which interalia introduced the minimum educational qualification for candidates to contest the panchayat elections.The Bench consisting of Justice Chelameswar and A.M.Sapre held that both the rights namely "Right to Vote" and "Right to Contest" are. A two Judge Bench of …

Supreme Court upholds Haryana panchayat law
9 years, 3 months ago

Supreme Court upholds Haryana panchayat law

The Hindu  

In what may be a precedent preventing illiterate persons from participating in grass roots democracy, the Supreme Court on Thursday upheld a Haryana State law mandating that only those having “minimum” educational qualifications will be eligible to contest panchayat elections in the State. The verdict by a Bench of Justices J. Chelameswar and Abhay Manohar Sapre agrees that the Haryana …

Haryana and Beyond: Right to Contest in Elections
9 years, 3 months ago

Haryana and Beyond: Right to Contest in Elections

Live Law  

An amendment to the Haryana Panchayati Raj Institutions Act resulted to unwarranted controversy and is now challenged before the Supreme Court of India. The impugned amendment prescribes qualifications for contesting in elections to the local self governments and also holding positions.The Constitution of India directs the Government to take steps to organise village panchayats and also. This can be substantiated …

SC to decide on validity of Haryana Panchayat Poll Edu-qualification rules; orders deferment of Election
9 years, 6 months ago

SC to decide on validity of Haryana Panchayat Poll Edu-qualification rules; orders deferment of Election

Live Law  

The standoff between the Haryana government and the Supreme Court over minimum educational qualification criteria fixed by the state for people contesting panchayat election took a new twist with the apex court on Tuesday directing deferment of the polls till it decided on the constitutional validity of the law.Admitting a PIL challenging the rule, a bench headed by Justice J …

Haryana panchayat polls put on hold
9 years, 6 months ago

Haryana panchayat polls put on hold

India TV News  

New Delhi: The ongoing Panchayat elections in Haryana were put on hold on Tuesday as the state government asked the Supreme Court to decide whether there could be an educational qualification as an eligibility criteria for the candidates aspiring to contest the elections. The apex court bench of Justice J. Chelameswar and Justice Abhay Manohar Sapre was told by Attorney …

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday
9 years, 6 months ago

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday

Hindustan Times  

The Supreme Court on Monday put off the hearing for a day on an interim application filed by the Haryana government, seeking vacation of stay on recent amendments in the panchayati raj law, including making educational qualification mandatory to contest elections to panchayati raj institutions. The apex court asked Haryana’s counsel to get instructions from the state government if the …

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday
9 years, 6 months ago

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday

Hindustan Times  

The Supreme Court on Monday put off the hearing for a day on an interim application filed by the Haryana government, seeking vacation of stay on recent amendments in the panchayati raj law, including making educational qualification mandatory to contest elections to panchayati raj institutions. After hearing the arguments, the Supreme Court bench of Justice J Chelameswar and Justice AM …

Raghubansh Prasad Singh terms disqualification of MLAs as unconstitutional
10 years, 4 months ago

Raghubansh Prasad Singh terms disqualification of MLAs as unconstitutional

India TV News  

Muzaffarpur: Former Union minister Raghubansh Prasad Singh, whose party RJD is supporting JD ministry in Bihar, today termed disqualification of four legislators as "unconstitutional" and assailed Speaker for "lowering dignity of Chair" by announcing such order. "The disqualification of four MLAs has been one-sided and against the spirit of Constitution," Singh, who is RJD national vice president, told PTI. Raghubansh …

Khap panchayats have no legal sanctity, says Yogendra Yadav
11 years, 1 month ago

Khap panchayats have no legal sanctity, says Yogendra Yadav

The Hindu  

Clarifying its stand on khap panchayats, the Aam Aadmi Party on Saturday said any organisation that sought to use coercion, violated the law and defended murders was “absolutely unconstitutional.” “Khap panchayats have no legal sanctity and if they try to resolve disputes by listening to only one community or by coercion, then we as a party do not accept that,” …

Disqualification of convicted MPs: Review petition filed in SC
11 years, 7 months ago

Disqualification of convicted MPs: Review petition filed in SC

India TV News  

New Delhi, Aug 3: Petitions seeking review of two land mark judgements of Supreme Court disqualifying MPs and MLAs on being convicted and debarring arrested persons from contesting polls have been filed in the apex court. The petition, filed by the President of Haryana Swatantra Party Ramesh Dayal, urged the Supreme Court to review its two verdicts delivered on July …

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