Panchayats & Zila Parishads

Bombay Village Panchayats Act, 1958 (3 of 1959)

— S. 14(1)(J-2) (as amended w.e.f. 8-8-2003) — Disqualification — Person who ``has been elected as a Councillor of Zila Parishad or as a member of the Panchayat Samiti'' disqualified from being member of a Panchayat — Held, provision retrospective in operation — Disqualification applies also to those who had been elected as a member of the Panchayat earlier and were continuing as a sitting member, (2006) 6 SCC 289-A

Interpretation of Statutes

Retrospective/Retroactive operation/Retrospectivity

— Prospective or retrospective — General rule of construing statute to have prospective effect — Exceptions to — It does not apply to disqualifying, curative or clarificatory statutes — If on a plain or literal reading legislative intendment is clear that it is to have retrospective effect and it does not produce any absurdity or ambiguity thereby, court will give effect thereto — Statute which takes away a right under the existing law is retrospective in nature — Statute enacted for the benefit of the community as a whole may be construed to have retrospective operation, (2006) 6 SCC 289-B