Section 10(1) of the act envisages that the competent authority as soon as possible after the final statement is served on the concerned person, to issue a notification giving the particulars of the vacant land held by such person in excess of the ceiling limit, and further notify that such vacant land is to be acquired by the concerned State Government and invite claims from all persons interested in such land, giving particulars of the nature of their interest in such land. Therefore where in a statute like the present one some sections prescribe the calling for the explanation of the municipality before any action is taken by the State Government and others do not, it is an indication of the intention of the legislature to exclude the application of principles of audi alteram partem in the latter case.
95) and expenses of witnesses (s. -I agree that the answer to Questions Nos 1, 3 and 4 should be as stated in the judgment of My Lord, the Chief Justice. The Deputy Collector, who made the inquiry, gave notice of the said inquiry to the Secretary to the Committee and the first appellant 1495 filed a written reply on September 7, 1956, and personally appeared at the inquiry. documentary evidence (s. On August 8,1956, one Dhurmal Daga went on a hunger strike -for the redress of his grievances against the appellants.
As the facts have been fully narrated by my Lord, the Chief Justice, it would suffice if the facts relevant to the aforesaid questions are briefly stated here. On November 18, 1957, the Government issued an Order, A under a. If the withdrawal of a petition cannot be permitted and any person who might have been a petitioner is entitled to continue the proceedings, on a parity of reasoning, the withdrawal of a part of the claim also could not be permitted without allowing another person who might have been a petitioner an opportunity of proceeding with that part of the claim by substituting himself in place and stead of the petitioner who withdraws or abandons -the same.
Records also do not disclose whether that inquiry related to the same charges which were the foundation for the Government taking action under NRI Legal Services the Act. Section 10 of the Ceiling Act provides for acquisition of vacant land in excess of the ceiling limit. Jain as Executive Officer and entrusted to him most of the important powers and duties of the Committee and the President. The second appellant is the Municipal Committee, Dhamtari, and the first appellant is its President. The Division Bench in the impugned judgment has taken the view that the rejection of the application for amendment would result in failure of justice and would cause irreparable injury to Defendant Nos.
53-A of the Act without giving any opportunity to the appellants to explain their conduct in regard to the grave charges levelled against them, on the basis of which they were held to be incompetent Within the meaning of s. Presumably, the result of the inquiry was forwarded to the Government. 93); answering of criminating questions and certificate of indemnity (s. The Collector, Raipur, intervened and persuaded him to break his fast and ordered an inquiry into the charge of maladministration.
He was elected as President on July 10, 1956, and took charge of his office on July 27, 1956. The effect of NRI Legal Services all these provisions really is to constitute a self-contained Code governing the trial of election petitions and it would appear that in spite of s. 2, 1 am unable to concur in the view expressed therein that Cl But as regards Question No. The said Order also appointed Shri B. The previous inquiry made by the Deputy Collector was to attempt to persuade Dhurmal Daga to give up his fast and that inquiry by the Deputy Collector could not, in any sense of the term, be regarded as an inquiry for taking action under s.
53-A of the Act, enumerating fifteen charges involving acts of nonfeasance, misfeasance, gross negligence and fraud, and stating that, by reason of the said act,%, it appeared to the Government that the Committee had proved itself incompetent to perform the duties imposed on it by or under the said Act. 90(1) of the Act, the provisions of 0. The order further proceeded to state that the Government considered that a general improvement in the administration of the Municipality was likely to be secured by appointing a servant of the Government as the Executive Officer of the Committee.
If the constituency as a whole is interested in the petition NRI Legal Services presented before the Election NRI Legal Services Tribunal no such withdrawal or abandonment of a part of the claim could ever be permitted without giving an 625 opportunity to any person who might have been a petitioner to continue the proceedings and pursue the petition to its logical conclusion. NRI Legal Services Before the drastic action was taken, no opportunity was given either to the President or to, the Committee to explain their conduct in regard NRI Legal Services to any one of the charges.
1, of the Code of Civil Procedure, would not be applicable to the trial of election petitions by the Tribunals. 1, therefore, proceed on the footing that the Government acted under s.