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    <title>1959 (3) TMI 59 - ORISSA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=196353</link>
    <description>Section 4 of the Orissa Municipal Elections Validation Ordinance, 1959 was treated as hostile discrimination because it singled out the successful election challenger for adverse treatment without an intelligible differentia or rational nexus to the validation purpose, and it was therefore held invalid under Article 14. Section 5(1) was also found invalid because its broad validation language created repugnancy with existing civil and criminal law and conferred an irrational immunity on municipal office-bearers while leaving officers and servants exposed. The text further states that Section 4 did not clearly or effectively displace the binding inter partes effect of the earlier High Court judgment, since a validating law must expressly remove that effect and cure the defect on which the judgment rested.</description>
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    <pubDate>Fri, 20 Mar 1959 00:00:00 +0530</pubDate>
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      <title>1959 (3) TMI 59 - ORISSA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=196353</link>
      <description>Section 4 of the Orissa Municipal Elections Validation Ordinance, 1959 was treated as hostile discrimination because it singled out the successful election challenger for adverse treatment without an intelligible differentia or rational nexus to the validation purpose, and it was therefore held invalid under Article 14. Section 5(1) was also found invalid because its broad validation language created repugnancy with existing civil and criminal law and conferred an irrational immunity on municipal office-bearers while leaving officers and servants exposed. The text further states that Section 4 did not clearly or effectively displace the binding inter partes effect of the earlier High Court judgment, since a validating law must expressly remove that effect and cure the defect on which the judgment rested.</description>
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      <pubDate>Fri, 20 Mar 1959 00:00:00 +0530</pubDate>
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