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PETITIONER: SAKHAWAT ALI
Vs.
RESPONDENT: THE STATE OF ORISSA.
DATE OF JUDGMENT: 25/11/1954
BENCH:
ACT: Constitution of India, arts. 14,19(1)(g)-Orissa Municipal Act, 1950 (Orissa Act XXIII of 1950), ss. 1(3),1(5),16(1)(x)-Nomination filed and rejected, effect of- Disqualification for nomination if violates fundamental right--Orissa General Clauses Act, 1937 (Orissa Act I of 1937), s. 23-Scope of.
HEADNOTE: The provisions of section 16(1)(x) of the Orissa Municipal Act, 1950, by which a paid legal practitioner on behalf of or against the Municipality is disqualified for election to a seat in such Municipality do not violate the fundamental rights guaranteed to such legal practitioner under article 14 or under article 19(1)(g) of the Constitution of India. The Orissa Municipal Act, 1950, having received the Gover- nor’s assent on November 7, 1950, all preliminary steps specified in section 1(5) of the Act which were taken for the purpose of a Municipal election after such assent are valid even though the Act itself had not then come into force in terms of section 1(3). Accordingly a nomination filed on March 15, 1951, was validly subjected to the test of disqualification contained in section 16(1) (x) of the Act and the rejection of such nomination on March 25, 1951, was not defective though the Act came into force on April 15, 1951, in...