Topic

Electoral Disqualification

2 articlesLatest August 2026
Proviso to Section 6(1) Struck Down: Minister-in-Charge Appeal Violates Institutional Impartiality | Arunachal Pradesh Defection Act : Gauhati HC
Case Law Analysis
|Gauhati High Court

Proviso to Section 6(1) Struck Down: Minister-in-Charge Appeal Violates Institutional Impartiality | Arunachal Pradesh Defection Act : Gauhati HC

The court upheld appeals to the Chief Secretary but invalidated the proviso routing appeals to the Minister-in-Charge when the Chief Secretary doubles as State Election Commissioner, ruling that a constitutional authority exercising statutory powers cannot claim immunity from legislative oversight. This preserves the State Election Commission's quasi-judicial independence in municipal defection cases.

Natural Justice in Panchayati Raj Recovery | Show-Cause Notice Mandatory Before Disqualification Under Section 122 HP Panchayati Raj Act: HP HC
Case Law Analysis
|Himachal Pradesh High Court

Natural Justice in Panchayati Raj Recovery | Show-Cause Notice Mandatory Before Disqualification Under Section 122 HP Panchayati Raj Act: HP HC

The Himachal Pradesh High Court has ruled that recovery notices issued without a prior show-cause notice or hearing violate the principles of audi alteram partem and cannot trigger electoral disqualification under Section 122 of the HP Panchayati Raj Act. This sets a critical precedent for panchayat officials and revenue authorities: financial recovery must precede political disqualification only after fair procedure, safeguarding democratic participation.

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