The Jungle, the Fairy, and the Ballot Box
“The Fairy and the Freebie: How Easy Comfort Weakens a Nation” As soon as Election comes every political party starts disbursing money to the voters. Some offer monthly Rs.70,000/- some offer. The taxpayer is a mute spectator. I will tell you story of a Jungle. The Story of the Jungle Once upon a time, there was a beautiful jungle where all the animals lived peacefully. They worked hard to find their food by hunting and gathering. They shared with one another and cared for each other. The jungle was full of love, cooperation, and happiness. All the animals helped one another and took responsibility for their lives. They were strong, active, and independent. One day, a fairy came to the jungle. She had a magic wand. By waving her wand, she started giving food and water to all the animals and birds. At first, everyone was happy. But slowly, the animals became lazy. Since food was easily available, they stopped working and hunting. They spent most of their time sleeping and eating. Over time, they even found it difficult to walk and run because they were no longer active. After a few months, a hunter entered the jungle. He began hunting the animals recklessly. Earlier, the animals were brave and skilled at escaping or fighting back. But now, because they were weak and lazy, many of them were easily caught in traps. Many animals were hunted. Fear spread throughout the jungle. The King of the Jungle called a meeting. All the animals gathered and discussed what had gone wrong. They realized that the fairy had been sent by the hunter to make them weak and dependent. Because of her magic, they had lost their strength and alertness. They decided to send the fairy away from the jungle. After the fairy was deported, the animals slowly returned to their old habits. They started working hard again, hunting, sharing, and taking care of one another. Soon, the jungle became peaceful and happy once more. Moral of the Story Easy comfort can make us weak. Hard work and self-reliance make us strong. ____________________________________________________________ Freebies and Constitution The legality of election “freebies” in India hinges on balancing Directive Principles (social welfare) with fiscal responsibility under the Constitution. While critics argue they constitute bribery and misuse public funds (violating Art. 266, 282), the Supreme Court in The S. Subramaniam Balaji v. Government of Tamil Nadu (2013) case is a landmark Supreme Court of India judgment regarding electoral freebies. The Court ruled that pre-poll promises in election manifestos do not constitute a “corrupt practice” under Section 123 of the Representation of People Act, 1951, as they are part of a party’s agenda, not individual bribery. The judgment established a distinction between election promises for public welfare and the direct bribery of voters. However, it has been criticized for failing to curb the growing culture of “freebie politics” that threatens state finances. Latest View of Supreme Court: TAMIL NADU POWER DISTRIBUTION CORPORATION LIMITED Vs UNION OF INDIA | W.P.(C) No. 158/2026 Currently the view of Supreme Court has changed its view. In the above matter CJI Suryakant said […]
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UNTRACEABLE MEMBERS AND PROPERTY RIGHTS IN COOPERATIVE HOUSING SOCIETIES: PROCEDURES AND PRECEDENTS
In the model bye-laws of a cooperative housing society (such as those in Maharashtra), a member is deemed to have ceased membership if their whereabouts are unknown for a continuous period of seven years and their shares and interest in the property are unclaimed by anyone else. This cessation allows the society to take further action regarding the property. Procedures and Provisions While specific actions for handling the property itself require legal procedures beyond just the society’s internal rules, the bye-laws provide a framework for managing the situation and ultimately dealing with the ownership: Cessation of Membership: Bye-law No. 55(f) (in the Maharashtra Model Bye-laws) explicitly states that a person shall cease to be a member if their whereabouts are not known for seven continuous years and no claim is made on their interest in the property. However, the associate member shall not cease to be Associate Member when the First Member ceases to be the member of the society if Associate Member holds title and interest in the property jointly with the member. The Committee shall take further action in the matter as indicated in the Bye-law No. 62. Vesting of Shares/Interest: If, after a member’s death or disappearance, there is no claimant (nominee, heir, or legal representative), their shares and interest in the capital/property of the society will vest in the society itself. Nominations and Legal Heirs: The bye-laws heavily emphasize the importance of nomination (Bye-law No. 32-34). If an owner is untraceable and has no nominee, the committee would typically ask for a legal representative or heir to come forward. Payment of Dues: The untraceable owner’s account would likely accumulate unpaid maintenance charges and other dues, incurring interest (up to 21% per annum in some model bye-laws). These liabilities must typically be cleared before any transfer of interest can occur. Formal Communication: The society uses formal communication methods, such as registered post to the last known address or displaying notices on the society’s notice board, which are considered valid service of notice even if the member is untraceable. The society must maintain records of all sent notices as proof. Committee Action: The managing committee has the power to manage the society’s affairs (Bye-law No. 111), which includes dealing with non-compliance and cessation of membership. They are responsible for initiating the process of addressing the untraceable owner’s status. Registrar and Courts: The final authority in serious disputes or complex situations, such as an untraceable owner with no clear legal path forward, ultimately lies with the Registrar of Cooperative Societies or a Cooperative Court. The society would likely need to approach these legal bodies for formal orders to take control of or dispose of the property. DISCUSSION: A is member and have signed Conveyance. A is not traceable for more than 40 years. Taking advantage of situation widow of promoter applies for membership. It was rejected. During course of arguments she sell the flat. After two decades the flat goes for redevelopment. The purchaser of the flat sells flat to the third party. Society refuses all a membership, In a recent ruling of Supreme Court of India K, Gopi […]
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Ownerless Property and State Claims: Bona Vacantia, Escheat, and Evacuee Property in India and Beyond
In India, Bona Vacantia (meaning “ownerless goods”) is the legal doctrine where property without a rightful owner reverts to the State. This principle is primarily codified under Article 296 of the Constitution of India. CONSTITUTIONAL FRAMEWORK (ARTICLE 296) Article 296 dictates how unclaimed property is distributed between the Union and the States: Vesting in States: Property located within a State that lacks a rightful owner (due to escheat, lapse, or bona vacantia) vests in that particular State Government. Vesting in the Union: Property located outside any State (such as in Union Territories) or property that was under the control of the Central Government at the time it became ownerless vests in the Union Government. It reads as under: Article 296 in Constitution of India Property accruing by escheat or lapse or as bona vacantia Subject as hereinafter provided any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union: Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or a State, vest in the Union or in that State. Explanation. –In the article, the expressions “Ruler” and “Indian Slate” have the same meanings as in article 363. Article 363 in Constitution of India provides as under: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. (1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument. (2) In this article— (a)”Indian State” means any territory recognised before the commencement of this Constitution by his Majesty or the Government of the Dominion of India as being such a State; and (b)”Ruler” includes the Prince, Chief or other person recognised before such commencement by his Majesty or the Government of the Dominion of India as the Ruler of any Indian State. How and when it works: When property is identified as ownerless, […]
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पुनर्विकास परियोजनाओं के लिए न्यायिक निकाय की आवश्यकता
पुनर्विकास परियोजनाओं के लिए न्यायिक निकाय की आवश्यकता आज हम बात करेंगे एक बहुत क्रिटिकल मुद्दा है रीडवलपमेंट। रीडवलपमेंट फंडामेंटल राइट, आर्टिकल 300 ए, गाइडलाइन 79 ए और मैनेजिंग कमेट। अब हम आगे बढ़ते हैं। उसके पहले मैं आपसे निवेदन करूंगी कि मेरे यह चैनल को लाइक, सब्सक्राइब और शेयर कीजिए क्योंकि यह फ्री ऑफ कॉस्ट है और आपको यह जो है मुद्दे वो आपके जनरल पब्लिक के काम में आते हैं वैसे मुद्दे हैं। चलो आगे बढ़ते हैं हम रीडवलपमेंट में। रीडवलपमेंट एक बहुत हॉट केक है और ये हर एक तीसरा बिल्डिंग रीडवलपमेंट में जा रहा है। सही बात है। जैसे हमारी लाइफ है तो हम यह जैसे हमारे हिंदू शास्त्रों में लिखा है कि हम शरीर छोड़ के हमारा आत्मा नए शरीर में जाता है और नया जन्म लेता है। तो जो इधर है उसको नया जन्म लेना ही पड़ता है। तो वैसे ही अगर बिल्डिंग पुराना हो जाए तो उसको नया बनाना पड़ता है। तो उसके लिए सबसे पहले जो मूवमेंट शुरू हुई थी वो आइलैंड सिटी ऑफ मुंबई से हुई थी क्योंकि सारे के सारे जो पुराने बिल्डिंग्स थे जो चॉल्स थी वो मसून के सीजन में कॉलेज हो जाती थी उसके लिए कोई कानून नहीं थे और मुरली देवरा जो हमारे बहुत वरिष्ठ नेता थे उन्होंने एक कानून लाया और रीडवलपमेंट ऑफ डाई लेपिटेटेड बिल्डिंग्स। तो इसके तहत उन लोगों को काफी सुविधा मिली और यह शुरुआत में जो थी वो सेस बिल्डिंग के लिए थी और वो चर्च गेट्स कुलाबा से लेके बैंड्रा तक एप्लीकेबल थी। धीरे-धीरे 1991 आया जो डीसीआर 1991 डेवलपमेंट कंट्रोल रेगुलेशन 1991 आया और उसके अंदर सारे प्रावधान किए गए। माड़ा की लैंड को रीडवलप कैसे किया जाए? स्लम को कैसे रीडवलप किया जाए? आर्मी वाली जो है पुलिस हेड क्वार्टर्स कैसे डेवलप किया जाए? बीएएमसी की जो प्रॉपर्टीज है उसको कैसे डेवलप किया जाए? और जो हाउसिंग सोसाइटी है उसे कैसे डेवलप किया जाए? यह सारे प्रावधान मैंने अपनी बुक कमेंट्री ऑन डेवलपमेंट कंट्रोल रेगुलेशन 1991 जिसकी 15 एडिशंस आ चुकी है आई थी वो उसके अंदर हमने मैंने डिस्कस किया है। आगे बढ़ते हैं 1991 के बाद क्या हुआ? इसके बाद 2009 के तहत एक 79 ए का गाइडलाइंस आया। यह गाइडलाइंस थी कोऑपरेटिव सोसाइटी क्योंकि मेजरिटी जो रीडवलपमेंट है वह कोऑपरेटिव हाउसिंग सोसाइटी जो अभी लागू होता है पूरे बंबई में और इसके तहत थर्ड जनवरी 2009 में एक गाइडलाइंस आई वो गाइडलाइंस के तहत रीडवलपमेंट के प्रोजेक्ट्स तैयार करने होते थे मैनेजिंग कमेट को इसके अंदर बहुत सारी कंप्लेंट्स आई कि जो मैनेजिंग कमेट है वह रीडवलपमेंट प्रोसेस में मेंबर्स को कॉन्फिडेंस में नहीं लेती। ट्रांसपेरेंसी नहीं है। आर्बिटरी अपॉइंटमेंट्स होती है। बिजनेस जो होता है वह कंडक्टिंग बिजनेस मतलब कि वह चाहे एजीएम हो, एसजीएम हो तो वो लोग सही जवाब नहीं देते हैं। ऐसे करली बिहेव करते हैं जैसे वो लोग जमींदार है और बाकी के जो फ्लैट ओनर्स हैं वो उनके स्लेव्स है, टेनेंट्स हैं। तो ऐसे भी बिहेव करते हैं और वो लोग वीडियो उतारते हैं तो वीडियो वो लोग शेयर नहीं करते हैं मेंबर्स के साथ में क्योंकि वो अपने पास ही रखते हैं। रजिस्ट्रार में जाते हैं तो वो […]
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CAN SUPREME COURT IMPOSE TIME LIMIT UPON PRESIDENT OF INDIA OR GOVERNOR OF STATE FOR SIGNING BILL? DISCUSSION AND SUGGESTIONS.
Background: The Legislature for the State of Tamil Nadu, between 13.01.2020 and 28.04.2023, enacted and forwarded 12 Bills to the Governor for the grant of assent as per Article 200 of the Constitution. Even though the present Governor took charge of the office with effect from 18.11.2021, he did not take the necessary action on any of the said Bills forwarded to his office till October 2023. The State of Tamil Nadu, being aggrieved by the inaction on the part of the Governor, had to ultimately file the present writ petition before Court. The same was filed on 31.10.2023. The State Legislature, on 18.11.2023, convened a special session and repassed the 10 bills which were returned by the Governor after withholding of assent. The bills were passed without any material change and were forwarded to the Governor’s Secretariat on the same day for his assent in accordance with the first proviso to Article 200. This Court, in its order dated 20.11.2023, noted that since the re-passed 10 bills were pending with the Governor, the hearing of the writ petition be adjourned to 01.12.2023 and issued directions that this Court shall be apprised of the progress in the matter. On 28.11.2023, the Governor, without the aid and advice of the Council of Ministers of the State, in exercise of his discretion, reserved the said re-passed Bills for the consideration of the President. The letter of the Governor to the Union Government referring the said Bills for the consideration of the President mentioned that the Bills were re-considered and passed again by the State Legislature. Interestingly, although the Governor noted that the Bills were intra-vires the competence of the State Legislature having been legislated under Entry 66 of List I, Entry 32 of List II and Entry 25 of List III, yet he reserved the said Bills for the consideration of the President in the second round on the ground that the Bills suffered from repugnancy on account of being contrary to Entry 66 of the Union List i.e., List I. These grounds have been taken by the Governor to reserve the 10 Bills for consideration of the President. In the premises Chief Minister asked the Governor to (i) Recall the 10 Bills reserved for the consideration of the President and grant assent expeditiously;(ii) In future, grant assent to Bills passed by the State Legislature within 30 days and avoid unnecessary reservation of the bills for the consideration of the President; (iii) Act in accordance with the aid and advice tendered by the Council of Ministers. Matter went up to the Supreme Court COMMENTS OF AUTHOR Before going into the details of the Judgement, it is not highlighted that even the state government of Tamil Nadu was playing mischief with provisions of the Constitution. Question arises, how? Article 200 of the Constitution provides that if the Bill is returned by the Governor, the State Assembly may re-pass the Bill with or without modification and the Governor cannot withhold the same. (The said Article text is given herein below) Here also, the State Assembly re-passed the Bills without any amendments and without implementing the suggestions […]
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Are Governors of States bound by orders of court in India?
CONSTITUTIONAL POWERS OF GOVERNOR IN INDIA Let us first see the provision. Article 154 in Constitution of India Executive power of State (1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Nothing in this article shall– (a)be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or (b)prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor. Now we go to next Article 175 Right of Governor to address and send messages to the House or Houses (1)The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members. (2)The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration. Assent to Bills When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President: Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the . House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom: Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill. Comments: Do you notice there is no time limit provided within which a Governor has to sign a Bill. Why? Constituent Assembly on Signing of Bill: This issue was discussed in detail in the Constituent Assembly. Following are excerpts A detailed discussion was held in the Constituent Assembly. I reproduce below the excerpt of the discussion and why […]
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SETTING ASIDE AND OR MODIFICATION OF AN ARBITRATION AWARD SHOULD BE PERMITTED?
The above issue is sub-judice in the matter of GAYATRI BALASAMY Versus M/S ISG NOVASOFT TECHNOLOGIES LIMITED| SLP(C) No. 15336-15337/2021 While writing this blog there is no intention to impress upon views but this is just a small educational analysis. I am not in possession of the reference papers but expressing my views on Section. 33 of the Act. This I am writing solely on basis on press reports available. Let us first see the concerned provisions of the Indian Arbitration Act 1996. Once the Award is made affecting party has remedy under Section 34 of the said 1996 for setting aside the Award. It reads as under: CHAPTER VII Recourse against arbitral award (1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3). (2) An arbitral award may be set aside by the Court only if– (a) the party making the application 1[establishes on the basis of the record of the arbitral tribunal that]– (i) a party was under some incapacity, or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or (v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part; or (b) the Court finds that– (i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or (ii) the arbitral award is in conflict with the public policy of India. 1[Explanation 1.–For the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of India, only if,– (i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or (ii) it is in contravention with the fundamental policy of Indian law; or (iii) it is in conflict with the most basic notions of morality or justice. Explanation 2.–For the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of […]
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LIVING WILL- EUTHENESIA
RIGHT TO DIE WITH DIGNITY A FUNDAMENTAL RIGHT IN INDIA? It is easy to live but difficult to die. Life is lived on hope … Than why we are studying Living Will and Euthenesia? What is Euthanasia? It’s a the practice (most countries have not legalized) of killing somebody without pain who wants to die because he/she is suffering from a disease that cannot be cured. We will see this in detail hereinafter discussing Supreme Court Judgments. In India euthanasia was not permitted. Though practice of SATI was prevalent in India, A widow would jump in pyre of her husband as in Hindu religion marriage is not contract but a relationship for 7 births. So, marriage ceremony is also called saptapadi. The SATI practice was banned The Bengal Sati Regulation or Regulation XVII, A. D. 1829 of the Bengal Code was a legal act promulgated in British India under East India Company rule, by the then Governor-General Lord William Bentinck. The act made the practice of sati—or the immolation of a Hindu widow on the funeral pyre of her deceased husband—declared illegal in all jurisdictions of British India and subject to legal prosecution by Britishers. Subsequently Raja Rammohan Roy in played remarkable role in transformation in the social ideas in the History of India. Age old ‘Sati system’, i.e., burning of Widow in her dead husband’s funeral pyre which existed in India was abolished due to the effort of Raja Ram Mohan Roy He was the founder of Brahmo samaj and he also played a vital role in the abolition of Polygamy and Child marriage in India. Another practice in India was of Johar. Sati and Johar are not the same. Johar was self-immolation practiced in Rajasthan to save chastity by women from Mughals and attackers. Well, these are not in stricto sensu can be called euthanasia but a living death for dignity of woman which was part of religious practice. The last documented case of sati in India was in the year 2008, when Lalmati Verma, a 75-year-old woman, jumped into her husband’s funeral pyre after mourners had left the cremation site. Here are some other recent cases of sati: 2006 : Vidyawati, a 35-year-old woman, allegedly jumped into her husband’s funeral pyre in Rari-Bujurg Village, Uttar Pradesh 2006 : Janakrani, a 40-year-old woman, burned to death on her husband’s funeral pyre in Sagar district 2002 : Kuttu, a 65-year-old woman, died after sitting on her husband’s funeral pyre in Panna district of Madhya Pradesh 1987 : case of Roop Kanwar, India passed additional legislation against sati was passed namely The Commission of Sati (Prevention) Act, 1987 is a law in India that aims to prevent the practice of sati and the glorification of it: Purpose The act prevents the voluntary or forced burning or burying alive of a widow. It also prohibits actions that glorify sati, such as ceremonies, processions, financial trusts, temples, or other actions that honour the memory of a widow who committed sati. Punishment The act punishes anyone who glorifies sati with imprisonment of at least one year and up to seven years, and a […]
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MUSLIM LAW OF SUCCESSION AND WAKF
WHAT IS WAKF ? IF WAKF IS GIFT BY A MUSLIM FOR BENEFIT OF ISLAM CAN BOARD STAKE CLAIM ON THIRD PARTY PROPERTY INCLUDING TEMPLES? A Muslim personal law was passed in 1937 applicable to the Muslim Personal Law (Shariat) to Muslims. The words “in the Provinces of India” omitted by the Adaptation of Laws Order, 1950. So even after partition and independence the Act remains enforceable. At the time of partition there were two establishments were formed one Wakf Board which is mainly for management of gifted property for betterment of Islam and those who follow Islamic faith. Another was law of Evacuee Property. Administration of Evacuee property Act 1950 and Displaced persons (Compensation & Rehabilitation) Act, 1954 and Evacuee Interest (Separation) Act, 1951. The Evacuee property Cell is dealing with Evacuee properties situated in Delhi. The Evacuee property means the property which was left by the Muslims community during the partition of the country in 1947. The Evacuee Property Cell is responsible for the management and disposal of the Evacuee Property situated in Delhi. The purpose of the Act as enacted is enunciated in Section 2 of the Act. It reads as under: “Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal properly inherited or obtained under contract or gift or any other provision of Personal Law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).” Since we are now discussing Wakf we will concentrate on the said word and provisions in the Act of succession for Muslims. On 21st May 1954 an Act was passed namely Wakf Act 1954, However there is no definition of term Wakf. But it is define in common parlance खुदा के नाम पर अर्पित वस्तु। Its donation to almighty.But the law and action speaks contrary thereto. Now let us see the definition given under this Act. 3.Definitions. In this Act, unless the context otherwise requires,– (a)”beneficiary” means a person or object for whose benefit a wakf is created and includes religious, pious and charitable objects and any other objects of public utility 3*[sanctioned by he Muslim law]; (b) “benefit” does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli; (c) “Board” means a Board of Wakfs established under. Now how it started in 1954 after independence? The 1954 Act provides for Survey. Section 4 deals with the same. 4.Preliminary survey of wakfs. (1) The State Government may, by notification in the Official Gazette, appoint for the State a Commissioner of Wakfs and as many additional or assistant commissioners of wakfs as may be necessary for the purpose of making a survey of wakf properties existing in the State at the date of the commencement of this Act. (2) All additional and assistant commissioners […]
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PRESIDENT’S POWER TO ADJUDICATE UPON ELECTION PETITION
Why we are discussing this issue? Opening Remarks: In 2024 Lok Sabha general election was held in May. This was the 18th Lok Sabha election. All political parties offered in manifesto many promises. Freebies are offered by almost all political parties. In Delhi the local state government is sworn in thrice based on freebies. Similarly in Karnataka and Telangana the state government is elected based on freebies. The disadvantage of such freebies is the economy of the State is pulled back due to nonproductive expenses. The taxpayers do not get more advance facilities from the tax they have paid. PIL challenging freebies is pending before the Supreme Court. During Lok Sabha election we saw that one of the parties Congress have distributed a guaranteed cards along with the forms that if they come to power, they will give Rs.8500/- to every woman and Rs.1,000,00/- per year to meet major expenses. This party has won more seats than last two elections and there was religious concentration of votes. There was also a statement that the party if come to power would confiscate entire wealth and do caste survey and thereafter redistribute the same. The congress party won 99 Lok Sabha seats. However, they are in power in three states. Telangana, Himachal and Karnataka. They can offer them. But women who were given guarantee cards along with form started Queuing up outside Congress Party offices. They said we have lost. The question arise now is whether this is a blatant fraud? What does law say? The law which governs election is the Representation of peoples Act 1951 ( Said RP Act 1951) The question is whether all this statements go against the provisions of Section 123 of RP Act 1951 ? A complaint is pending before the President of India challenging election. Now question arises Can third party challenge in representative character the election of candidates who belong to a single largest party who won election on basis of guaranteed card? Who has jurisdiction to hear the election Petition under Section 123 and 8A of RP Act 1951? Does President of India have power under Section 123 or 8 A of the said R.P. Act 1951? This Act came into force on 17th July 1951. Preamble of the Act explains the purpose of its enactment. An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt 1*** practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. The terms corrupt practices is defined in the Act as “corrupt practice means any of the practices specified in section 123” What does corrupt practices mean. Section 123 in The Representation of the People Act, 1951 provides for the same. Corrupt practices.— The following shall be deemed to be corrupt practices for the purposes of this Act:— (1)“Bribery”, that is to say— (A) any gift, offer or promise by a candidate […]
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