ZILE SINGH versus STATE OF HARYANA AND ORS.

ZILE SINGH versus STATE OF HARYANA AND ORS.

The Second Amendment substituting 'upto' for 'after' in the proviso to Section 13A(1)(c) of the Haryana Municipal Act, 1973 is declaratory in nature and operates retrospectively from the commencement of the First Amendment on 5.4.1994, thereby disqualifying persons having more than two children as per the legislative intent.

Parties
Appellant: Zile Singh; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
07 October 2004
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Municipal Membership Disqualification, Legislative Amendment Retrospectivity
Local Government Law Statutory Interpretation Municipal Membership Disqualification Legislative Amendment Retrospectivity

Case Brief

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Parties

Zile Singh

Appellant

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Second Amendment to Section 13A(1)(c) of Haryana Municipal Act, 1973 operates retrospectively from the commencement of the First Amendment
  2. 2 Correct interpretation of the disqualification relating to having more than two children under Section 13A(1)(c)

Ratio Decidendi

The Second Amendment substituting 'upto' for 'after' in the proviso to Section 13A(1)(c) of the Haryana Municipal Act, 1973 is declaratory in nature and operates retrospectively from the commencement of the First Amendment on 5.4.1994, thereby disqualifying persons having more than two children as per the legislative intent.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the decision of the High Court is maintained.