- Election of KM Shaji declared void – The Kerala High Court has declared the election of K M Shaji in 2016, candidate from the Indian Union Muslim League, as void on the grounds that he had indulged in corrupt practices during the assembly elections by using religion to appeal to people to vote and making false statements against his rival candidate to hurt his chances. The petition had been filed by the defeated candidate Nikesh Kumar who had applied to the court to be declared as the elected candidate. But the Court has ordered re-election and disqualified Shaji to contest elections for the next six years. The petition alleged that Shaji had issued pamphlets that had asked voters to vote for a devout Muslim instead of a non-Muslim. Shaji then applied for a stay on the judgment till he files his appeal in the Supreme Court. The Kerala High Court agreed to grant a stay of 2 weeks.
- Repeal of a legislation does not trigger Section 6, GCA if the statement o objects and reasons indicates otherwise –The Supreme Court held that Section 6 of the General Clauses Act will not be attracted simply because the Act has been repealed, if contrary intention can be gleaned from the Statement of Objects and Reasons of the Repealing Act. Section 6 of the GCA states that a repealing act will not revive something before the Act was in force, affect the previous operation of the provisions so repealed and penalties imposed under the same. The Court was looking at a notice issued under the Gold (Control) Act, 1968, which was then repealed when the government realised that the Act was regressive and had caused a lot of distress to the public. It could thus be seen that the Government did not want the provisions of the Act not to function and so the notice would not stand. [Sushila N. Rungta v Tax Recovery Officer, Civil Appeal No. 10824 of 2018, date of order:30.10.2018]
- Notice issued on PIL seeking constitution of ICC in political parties, media houses etc – The Kerala High Court has issued notice on a PIL requesting the court to issue directions to political parties, media houses, film production houses to form their own Internal Complaints Committee in accordance with the Prevention of Sexual Harassment at the Workplace Act. The petition argues that these places will be covered under the definition of ‘workplace’ and should also be bound to form an ICC. [Centre for Constitutional Rights Research & Advocacy v State of Kerala, Writ Petition (Civil) No.36059 of 2018, date of order: 07.11.2018]
- CIC pulls up RBI governor for not disclosing names of the wilful defaulters –The Chief Information Commission has asked the RBI to disclose the names of the wilful defaulters of big loans and give details of the actions taken against them. The authority is required to first disclose details of those who have loans of above ₹1000 Crore and then of ₹500 Crore and lesser in the next five days. The Commission held that the RBI governor was a deemed PIO and was responsible for implementing the policy of transparency and disclosure within in the RBI. The order asks the governor to explain the conduct of denial of such data in the first place and why maximum penalty should not be imposed on him. RBI being a constitutional authority was expected to follow the rules and norms of the land. [Sandeep Singh Jadau v PIO, DGEAT, CIC/DGEAT/A/2018/117567, date of order: 02.11.2018]
- No sale of loose bidis and cigarettes to take place in Himachal Pradesh – The Himachal Pradesh High Court issued directions on the basis of a PIL highlighting a complete lack of implementationof the State’s policy to ban sale of loose cigarettes and bidis. During the pendency of the petition, the State of Himachal also passed the Sale of Loose Cigarettes and Beedies and Regulation of Retail Business of Cigarettes and Other Tobacco Products, 2016 which completely bans the sale of loose cigarettes. The Central law in the area, i.e. the Cigarettes and Other Tobacco Products Act, 2003 also bans smoking in public places and bans the sale of any tobacco product to someone below 18 years and within 100 yards of educational institutions. The Court has thus asked the State to immediately take measures to ensure that cigarettes are not sold within 100m of an educational institution, reading the two Acts together. The State has also been directed to appoint officers under both acts for their effective implementation. [Court on its own motion v State of Himachal Pradesh, Civil Writ Petition No. 75 of 2018, date of order: 14.09.2018]
Prepared by Amritananda Chakravorty ([email protected]) and Mihir Samson ([email protected]), Delhi based practicing Advocates.
The post Weekly Round-Up of Major Decisions of the Courts in India as also Legal Policy Developments appeared first on Newspack by India Press Agency.
