LexSAKHA WAT ALI versus THE STATE OF ORISSA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
1954
Muir
Mills Co, Lttl.
v.
Suti Mills
Mazdoor
Union, Kanpur.
BhagwatiJ.
1004
SUPREME COURT REPORTS
[1955J
Dhakeswari
Cotton
Mills
Ltd. v.
Commissioner
of
Income-tax, West Bengal(').
The result therefore is that
the decision
of the
Labour Appellate
Tribunal appealed against
must be
reversed and that of the Industrial Court (Textiles and
Hosiery), Kanpur, restored.
The appeal
will accord-
ingly be allowed with costs.
Appeal allowed.
SAKHA WAT ALI
ti.
THE STATE OF ORISSA.
[MEHR CHAND MAHAJAN C.J., MuKHERJEA,
S. R. DAs, VIVIAN BosE, BHAGWATI
and VENKATARAMA AYYAR JJ.J
Constitution of India, arts. 14. 19(1) (g)-Orissa Municipal Act
1950 (Orissa Act XXlll of 1950), ss.1(3), 1(5), 16(1)(x)-Nomination
filed
and rejected, effect of-Disqualification for nomination if
violates fundamental right-Orissa General Clauses Act, 1937 ( Orissa
Act I of 1937), s. 23-Scope of.
The provisions of section 16(l)(x) of the Orissa Municipal Act,
1950, by which a paid legal practitioner on behalf of or
against
the
Municipality is disqualified for
election
to a seat in such
Municipality do not violate the fundan1ental rights guaranteed
to
such legal practitioner under article 14 or under article 19( 1) (g) of
the Constitution of India.
The Orissa Municipal Act, 1950, having received the Gover·
nor's assent on November 7, 1950, all preliminary steps
specified
in section 1(5) of the Act whic.:h were taken for the purpose of a
Municipal election after such assent are valid even
though the
Act itself had not then come into force in terms of section 1(3).
Accordingly a nomination filed on March 15, 1951, was validly
subjected to the test of disqualification contained in section
16( 1)
(x) of the Act and the rejection of such nomination on March 25,
1951, was not defective though the
Act came into force on April 15,
1951, in the
area to
which
the rejected
nomination
relates.
Section 23 of the Orissa
General Clauses
Act, 1937, does
not
authorise the making of rules or bye-laws, which are to come into
(1) [1955] l S.C.R. 94r.
•
'
•
----
-
S.C.R.
SUPREME COURT REPORTS
1005
operation before the commencement of the Act, but they
will
be
'f' valid under the express provision of section 1(5).
C1v1L
APPELLATE
JuRisorcTION :
Civil
Appeal
No. 81 of 1953.
Appeal under article 132(1) of the
Constitution of
India from the Judgment and Order, dated the
18th
April, 1951, of the
High Court of Judicature for the
State of Orissa at
Cuttack in Judicial Case No. 60 of
1951.
H. J. Umrigar, Sri Narain
Andlay and
Rajinder
Narain for the appellant .
Poru!
A Mehta and P.
G. Gokhale
for
the
respondent.
1954. November 25. The Judgment of the
Court
was delivered by
--\- -/
BHAGWATI J.-The appellant who is a legal
practi-
tioner residing within the limits
of the
Kendrapara
Municipality and
practising as
a mukhtar
in
the
criminal and the revenue Courts there filed his nomina-
tion paper for election as a Councillor of the Municipa-
lity on the 15th March, 1951.
That nomination paper
was rejected by the Election Officer on the 25th March,
1951, on the ground that he was employed as a legal
practitioner against the Municipality in case U /S 198 of
the Bihar and
Orissa Municipal Act which was pending
in the Sub-Divisional Magistrate Court.. The appellant
then filed on the 4th April, 1951, a petition before the
High Court of Orissa under article 226 of the Constitution
praying that a writ or order of prohibition be issued to
the State Government and the Election Officer restrain-
ing them from holding the election to the Kendrapara
Municipality under the Orissa Municipal Act, 1950 or
the Municipal Election Rules, 1950. This petition was
rejected by the High Court but the High Court granted
the appellant a certificate under article 132(1) of the
•
Constitution for leave to appeal to this Court.
_
The Orissa Municipal Act, 1950 (Orissa Act 23 of 1950)
was passed by the local Legislature and
received
the -
assent of the
Governor on the 7th November, 1950, and
was published in the official gazette on the 11th Novem-
ber 1950.
Section 1 of the Act runs as under :-
1954
Sakhawat Ali
v.
TM State of
Orissa.
1954
Sakhau,at .Ali
v.
T Ii< Stateof
Orissa.
BhagwatiJ.
1006
SUPREME COURT REPORTS
[1955]
(1) This Act may be called the
Orissa Municipal
Act, 1950.
(2) It shall extend to the whole of the
State of
Orissa.
(3) It shall cExcerpt shown. Read the full judgment & AI analysis in Lexace.