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I cast only one preference vote and did not cast any second preference Revenue Lawyer in High Court Chandigarh favour of any other candidate". Thus we are thrown back to an examination of the relevant rules in their application to the facts present in this case. Thus, the two reasons, briefly, stated above, were lethal to the claims of Ahluwalia and he was bound to be pushed to the year 1965 and could not claim the earlier year of allotment of 1961 awarded to him by the Central Government and the High Court. An objection was taken on behalf of the returned candidate that the question violates the secrecy of the ballot as ensured by s.

He stated that so long as Shri Sahney was holding an ex-cadre post and was senior to Ahluwalia, the officiation of the latter was not legal and regular and therefore had to be ignored for the purpose of continuity of officiating service. 94 of the Representation of the People Act, 1951 ('Act' for short), and, therefore, the question was impermissible. In his examination- in-chief the following two questions were asked: "Q. When the petition was set down for recording parol evidence M.

The prohibition of mining as under s. It is now settled law that the detaining authority is bound to give opportunity to the detenu to make a representation against his detention and also to consider the same as early as possible and that any unreasonable delay in furnishing to the detenu copies of documents which form the basis of the grounds of detention amounts to denial to him of such opportunity (vide Ramchandra A. This was objected to on behalf of the returned candidate which objection was overruled and the following answer was recorded: "A.

If the investigation reveals that the detenu was responsible for smuggling or abetting the smuggling of goods in contravention of law, the Customs officers should adopt criminal proceedings against the detenu as quickly as possible and try to bring him to book in the criminal courts. At that stage Civil Advocates Chandigarh Miscellaneous Application No. With reference to the allegations contained in paragraph 4 of the said affidavit, I reiterate the statements contained in paragraphs 3 and 4 of the petition and I deny all allegations, which are contrary thereto and/or inconsistent therewith.

We are unable to appreciate as to why the Customs Department has not yet filed a charge sheet against the detenu for prosecuting him in respect of the incidents referred to in the grounds of detention even though more than six months have passed since then. 13-E of 1977 was presented on behalf of the election petitioners purporting to be under s. Of course, before launching on that essay, we must also mention that the Central Government has a residuary power, in cases of equity and justice, to exempt an officer from the rigour of any rule or regulation.

How many preferences did you cast on the ballot paper aforesaid" ? Secondly, he urged that the continuation of a non-cadre officer in a Cadre post beyond 3 months required the State concerned to report to the Central Government this fact and the Central Government in return had to consult and go by the opinion of the Union Public Service Commission. Garg, appearing for the appellant. Khera, polling and counting agent for respondent 1 was examined on behalf of the petitioners.

3(3) of the 1976 Act, is in the public interest and indeed, the scheme shows that wherever public interest requires exploitation of coal mines it has been permitted in the public sector and even in the private sector so far as certain specified industries, such as iron and steel industries, are concerned. This break was material in fixing the year of allotment. These were the reasons for which we allowed the writ petition and directed immediate release of the detenu from detention.

If the contention put forward by Shri Garg were sound, the conclusion would be inevitable and the appeal must inescapably be allowed. Two factors having relevancy to the determination of the issue before us, were highlighted Civil Advocate Chandigarh by Shri R. We may point out that we have not pronounced upon the validity of the order of detention but merely Chandigarh Best Civil Lawyers held the continued detention of the detenu 656 to be illegal on the ground of non-compliance with the requirements of clause (5) of Article 22 and sub-section (3) of section 3 of the COFEPOSA Act, and therefore nothing that is said by us in this judgment should be considered as an expression of opinion on the validity or correctness of the order of detention as made.

The ban is part of a national policy, conceived for conservation of a vital national resource and the wisdom of the regulation of 587 fuel sources and their planned user is beyond argument. In the present case, Ahluwalia had continued in the Cadre post of Superintendent of Police, without 491 this necessary exercise by the State and the Central Government and without the approval of the Union Public Service Commission. In whose favour did you cast your first preference vote" ?

We hope and trust that there will be no unreasonable delay on the part of the Customs officers in completing the investigation of the cases against the detenu and prosecuting him in the criminal courts if the evidence gathered by them in the course of the investigation justifies such a course.