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Start Free TrialRepresentation of the People Act, 1951 Chapter III
Title: Trial of Election Petitions
State: Central
Year: 1951
.....nature of that corrupt practice; and (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and] (b) fixing the total amount of cost payable and specifying the persons by and to whom costs shall be paid: Provided that4[a person who is not a party to the petition shall not be named] in the order under sub-clause (ii) of clause (a) unless- (a) he has been given notice to appear before1[the High Court] and to show cause why he should not be so named; and (b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by [the High Court] and has given evidence against him, of calling evidence in his defence and of being heard. 5[(2) In this section and in section 100, the expression "agent" has the same meaning as in section 123.] ______________________ 1. Substituted by Act 47 of 1966, Section 42, for "the Tribunal" w.e.f.14-12-1966. 2. Substituted by Act 27 of 1956, Section 54, for clause (a) 3. Certain words omitted by Act 58, Section 29. 4. Substituted by Act 27 of 1956, Section 54, for "no.....
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Chapter IV
Title: Withdrawal and Abatement of Election Petitions
State: Central
Year: 1951
.....substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing,1[the High Court] shall report the fact to the Election Commission2[and thereupon the Election Commission shall publish the report in the Official Gazette]. ______________________ 1. Substituted by Act 47 of 1966, sec, 47, for "the Tribunal" w.e.f. 14-12-1966 2. Inserted by Act 27 of 1956, Section 61. Section 112 - Abatement of election petitions 1[112. Abatement of election petitions (1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners. (2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be published in such manner as it may deem fit. (3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions if any, as security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.] ______________________ 1. Substituted by Act 47 of 1966, Section 48, for section 112 to.....
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Amending Act I
Title: Presidential and Vice-presidential Elections (Amendment) Act, 1977
State: Central
Year: 1952
.....any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidate, has been wrongly accepted; or (c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the Supreme Court shall declare the election of the returned candidate to be void. (2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IXA of the Indian Penal Code (45 of 1860.). 19.Grounds for which a candidate other than the returned candidate may be declared to have been elected.- If any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the.....
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Section 86
Title: Trial of Election Petitions
State: Central
Year: 1951
.....Trial of election petitions. - (1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117. Explanation. - An order of the High Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98. (2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-section (2) of section 80A. (3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups. (4) Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent. Explanation. - For the purposes of this.....
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Complete Act
Title: Presidential and Vice-presidential Elections Act, 1952
State: Central
Year: 1952
.....- Presentation of petition Section15 - Form of petitions, etc., and procedure Section16 - Relief that may be claimed by the petitioner Section17 - Orders of the Supreme Court Section18 - Grounds for declaring the election of a returned candidate to be void Section19 - Grounds for which a candidate other than the returned candidate may he declared to have been elected Section20 - Transmission of orders to the Central Government and its publication Part IV Section20A - Return or forfeiture of candidate's deposit Section21 - Power to make rules Section22 - Maintenance of secrecy of voting Section23 - Jurisdiction of civil courts barred Amending ActI - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS (AMENDMENT) ACT, 1977 Amending ActII - MINISTRY OF LAW AND JUSTICE
List Judgments citing this sectionRepresentation of the People Act, 1951 Section 80A
Title: High Court to Try Election Petitions
State: Central
Year: 1951
1[80A. High Court to try election petitions.- (1) The Court having jurisdiction to try an election petition shall be the High Court. (2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice, shall, from time to time, assign one or more Judges for that purpose: Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court. (3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court.] ______________________ 1. Inserted by Act 47 of 1966, Section 38 w.e.f. 14-12-1966.
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Section 15
Title: Form of Petitions, Etc., and Procedure
State: Central
Year: 1952
Subject to the provisions of this Part, rules made [whether before or after the commencement of the Presidential and Vice-Presidential Elections (Amendment) Act, 1977) by the Supreme Court under Article 145 may regulate the form of election petitions, the manner in which they arc to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connection therewith and the circurnstances in which petitions arc to abate, or may be withdrawn, and in which new petitioners may be substituted, and may require security to be given for costs.
View Complete Act List Judgments citing this sectionDisputed Elections (Prime Minister and Speaker) Act, 1977 Section 24
Title: Withdrawal and Abatement of Petitions
State: Central
Year: 1977
The provisions of sections 109 to 116 (both inclusive) of the Representation of the People Act, 1951 (43 of 1951.), relating to withdrawal and abatement of election petitions shall, so far as may be, apply in relation to withdrawal and abatement of petitions under this Act subject to the modifications that the references therein to an election petition, High Court and petitioner shall be construed as references to a petitioner under this Act, the Authority for hearing such petition and the petitioner in respect of such petition respectively.
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Section 112
Title: Abatement of Election Petitions
State: Central
Year: 1951
1[112. Abatement of election petitions (1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners. (2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be published in such manner as it may deem fit. (3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions if any, as security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.] ______________________ 1. Substituted by Act 47 of 1966, Section 48, for section 112 to 115 w.e.f. 14-12-1966.
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Chapter II
Title: Presentation of Election Petitions to High Court
State: Central
Year: 1951
CHAPTER II PRESENTATION OF ELECTION PETITIONS TO1[HIGH COURT] ______________________ 1. Substituted by Act 47 of 1966, Section 39, for "Election Commission" w.e.f. 14-12-1966.
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