TMI Blog2018 (2) TMI 1539X X X X Extracts X X X X X X X X Extracts X X X X ..... recommendations to the Union and the States, on taxes, cesses and surcharges etc. As per Article 279A(9), every decision of the Council is to be taken in a meeting, where majority of not less than three fourths of the weighted votes of the members present and voted - The recommendations made by the Council are ultimately to be accepted by the government. Merely because the Council has met and made its recommendations, it cannot be said that such recommendations and steps taken by the Council are in violation of the model Code of Conduct, which is in operation in the State of Gujarat. Petition dismissed. - Writ Petition (PIL) No. 239 of 2017 - - - Dated:- 15-11-2017 - MR. R. SUBHASH REDDY Versus MR. VIPUL M. PANCHOLI, JJ. For The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstituted under the provisions of the Constitution of India, held its 23rd meeting at Guwahati on 9th and 10th November, 2017. This petition was filed on 10.11.2017. 3. As much as the meeting was already held on 9th and 10th of November, 2017, the relief sought for in paragraph 13(b) of the petition has become infructuous. In the relief sought for in paragraph 13(c) of the petition, the petitioner prayed to declare the decisions taken by the 2nd respondentCouncil, as null and void and also to quash the same. 4. Such relief is sought on the ground that, the 1st respondent Election Commission has already notified the Code of Conduct of elections to Gujarat Legislative Assembly to be held on 9th and 14th December, 2017 and Election Code ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itutional amendment, Article 279A is inserted, which empowers the Hon'ble President to constitute a Council to be called the Goods and Services Tax Council. Under Article 279A(4), Goods and Services Tax Council is empowered to make its recommendations to the Union and the States, on taxes, cesses and surcharges etc. As per Article 279A(9), every decision of the Council is to be taken in a meeting, where majority of not less than threefourths of the weighted votes of the members present and voted. 8. The recommendations made by the Council are ultimately to be accepted by the government. Merely because the Council has met and made its recommendations, it cannot be said that such recommendations and steps taken by the Council are in vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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