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november 1954

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.

SAKHAWAT ALI vs THE STATE OF ORISSA. · Niyam