Supreme Court of India
State of Goa & Anr. v. Fouziya Imtiaz Shaikh & Anr.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
Summary of conclusions based on the case law was then set out by the court as follows: “.
Judgment, page 54
From the headnote
Constitution of India: Art. 243K – Elections to the Panchayats – Law Secretary to Government of Goa appointed as State Election Commission(SEC) – Correctness of – Held: Appointment of Law Secretary to Government of Goa as SEC is subversion of the constitutional mandate – SEC has to be a person who is independent of the State Government as he is an important constitutional functionary who is to oversee the entire election process in the state qua panchayats and municipalities – Importance given to the independence of SEC is explicit from the provision for removal from his office made in the…
Authorities it was built on
- 1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- 1977 Mohinder Singh Gill & Anr. v. The Chief Election Commissioner, New Delhi & Ors.
- 1954 Durga Shankar Mehta v. Thakur Raghuraj Singh and Others.
- 2010 Kalabharati Advertising v. Hemant Vimalnath Narichania and Ors.
- 1954 Hari Vishnu Kamath v. Syed Ahmad Ishaque and Others.
- 1952 N. P. Ponnuswami v. Returning Officer, Namakkal Constituency and Others
- 2003 State of Andhra Pradesh and Ors. v. Goverdhanlal Pitti
- 1966 Meghraj Kothari v. Delimitation Commission & Ors.
- 2000 Election Commission of India through Secretary v. Ashok Kumar and Ors.
- 1982 Lakshmi Charan Sen and Ors Etc. v. A.K.M. Hassan Uzzaman Amo Ors. Etc.
- 1970 Pampakavi Rayappa Belagali v. B. D. Jatti & Others
- 1995 State of U.P. and Ors. Etc. Etc. v. Pradhan Sangh Kshetira Samiti and Ors. Etc. Etc.
- 2006 Kishansing Tomar v. Municipal Corporation of the City of Ahmedabad and Ors.
- 1996 Boddula Krishnaiah and Anr. v. State Election Commissioner, A.P. and Ors.
- 1993 Digvijay Mote v. Union of India and Ors.
- 2005 Harnek Singh v. Charanjit Singh and Ors.
- 2020 Laxmibai v. The Collector, Nanded & Ors.
- 1996 Anugrah Narain Singh and Anr. Etc. v. State of Uttar Pradesh and Ors.
- 1987 Election Commission of India v. Shivaji & Ors.
- 2009 Kurapati Maria Das v. Dr. Ambedkar Seva Samajan & Ors.
- 1985 Indrajit Barija & Ors. Etc. v. Election Commlssion of India & Ors.
- 2009 Association of Resident of Mhow (rom) & Anr. v. The Delimitation Commission of India & Ors.
Where later benches applied it
- 2024 Kishorchandra Chhanganlal Rathod v. Union of India & Ors.
- 2023 Union Territory of Ladakh & Ors. v. Jammu and Kashmir National Conference & Anr.
Of those, 1 relied on · 1 mentioned
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