Supreme Court of India · 1954-11-25
SAKHAWAT ALI vs THE STATE OF ORISSA.
- Citation / case number
- SC 1953/1421
- Court
- Supreme Court of India
- Petitioner
- SAKHAWAT ALI
- Respondent
- THE STATE OF ORISSA.
Judgment text excerpt
The Supreme Court ruled that Section 16(1)(x) of the Orissa Municipal Act, 1950, which disqualifies a paid legal practitioner from being elected to a Municipality, does not infringe upon the fundamental rights under Article 14 and Article 19(1)(g) of the Constitution of India. The Court held that the nomination filed on March 15, 1951, was validly subjected to disqualification despite the Act coming into force on April 15, 1951, as preliminary steps taken post-Governor's assent were valid. The rejection of the nomination on March 25, 1951, was upheld as lawful under the provisions of the Act and the Orissa General Clauses Act, 1937, Section 23 was clarified regarding the validity of rules made prior to the commencement of the Act.