Court : Supreme Court of India
..... electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950 (43 of 1950) . under part ii, chapter i deals with qualifications for membership of parliament. chapter ii deals with qualifications for membership ..... roll, if he is disqualified under any law relating to corrupt practices or any other offence in connection with elections.118. in 1951, parliament enacted the representation of the people act, 1951 (hereinafter referred to as, the 1951 act ). 158119. thereunder, the word election has been defined in section 2(d) to mean an ..... to with reference to article 326, the person becomes entitled to be registered as a voter.113. accordingly, it is that parliament enacted in 1950, the representation of peoples act, 1950 (hereinafter referred to as the 1950 act ). part iii provides for electoral rolls for assembly 155 constituencies. section 14(b), as substituted w. .....
Tag this Judgment!Court : Supreme Court of India
..... various aspects of the electoral process to the various offices and bodies mentioned earlier. for the present, we are only concerned with two enactments. the representation of the people acts, 1950 and 1951 (hereafter rp act of 1950 or rp act of 1951) which contain provisions which elaborately deal with the electoral process to ..... of our highest legislative bodies in accordance with the intentions of the founding fathers of the constitution and the concern expressed by the framers of the representation of the people act, 1951 intervention of this hon ble court has become necessary in terms of the following observation of this hon ble court in the case of ..... rules, 1961 keeping in view the suggestion in para 38 of the wp; (2) to respondent no.1 to consider suitable amendment in the representation of the people act 1951 to provide for rejection of nomination papers of the candidates and disqualification of mps/mlas/mlcs deliberately furnishing wrong information about their assets in .....
Tag this Judgment!Court : Supreme Court of India
..... does not arise. it was submitted, that in the instant judgment also, this court had independently examined, whether the legislative enactment in question, namely, the representation of the people (amendment) act 40 of 2003, indeed violated the basic structure of the constitution. and in so determining, concluded that the question of residence was not a ..... a series of bills, to invalidate the judgment rendered by this court in the jan choukidar case87. this was sought to be done by passing the representation of the people (amendment and validation) act, 2013, within three months of the rendering of the above judgment. it was submitted, that it was wholly misconceived for ..... v. jan chaukidar[87].. it was pointed out, that in the former judgment, this court held as invalid and unconstitutional, section 8(4) of the representation of the people act, 1951, which provided inter alia, that a member of parliament convicted of an offence and sentenced to imprisonment for not less than two years, would .....
Tag this Judgment!Court : Supreme Court of India
..... , against whom charges have been framed by a criminal court in respect of offences involving moral turpitude and also offences specifically referred to in chapter iii of the representation of the people act, 1951. ... j.(kurian joseph) new delhi; august 27, 2014.-.---------------------- [1]. air1975sc2299[2]. (1995) 4 scc611[3]. air2006sc3127[4]. (2013) ..... categories of convicted persons are disqualified from being elected to the legislature. a statutory disqualification is to be found in section 8 of the representation of the people act, 1951.[76]. the adequacy of the restrictions placed by this provision is arguable. for example, a disqualification under this section is ..... subserving the constitutional purpose. in k. prabhakaran v. p. jayarajan[10]., in the context of enacting disqualification under section 8(3) of the representation of the people act, 1951 (for brevity the 1951 act ), it has been reiterated that persons with criminal background pollute the process of election as they .....
Tag this Judgment!Court : Supreme Court of India
..... 1860. 50.2. so read together, and for maintaining the purity of the electoral process and not vitiating it, clause (3) of section 123 of the representation of the people act, 1951 must be given a broad and purposive interpretation thereby bringing within the sweep of a corrupt practice any appeal made to an elector by a candidate or ..... entire material placed before us by the learned counsel, we record our conclusions as follows:50. 1. the provisions of clause (3) of section 123 of the representation of the people act, 1951 are required to be read and appreciated in the context of simultaneous and contemporaneous amendments inserting clause (3-a) in section 123 of the act and ..... 2 all er118:1990. ch 609 : (1990) 2 wlr1123(ca)]. (all er at pp. 122-23).].146. taking into consideration the amendment to section 123 of the representation of people s act, which introduced a new corrupt practice, i.e. the candidate making an appeal on the basis of his religion or caste, this court took the aid of the .....
Tag this Judgment!Court : Supreme Court of India
..... own signature. (3) the additional registrar or deputy registrar shall have the petition examined in order to find out that all the requirements of the representation of the people act, 1951, and these rules have been complied with. (4) the additional registrar or deputy registrar shall affix his full signature to every page ..... examination of all incidental questions in interlocutory proceedings arising during the course of the adjudication of the election petition is entrusted by section 80a of the representation of people act, 1951 to the high court within whose jurisdiction the election dispute arises. section 80a(2) stipulates that the jurisdiction shall be exercised ordinarily ..... is required to be accompanied by an affidavit in the prescribed form.16. in exercise of the power under section 169 of the rp act, the representation of the people (conduct of elections and election petitions) rules, 1956 have been framed by the government of india. rule 94a prescribes as follows: rule 94a. form .....
Tag this Judgment!Court : Supreme Court of India
..... demographic information by the individuals. for inclusion of name of a person in the electoral list as per the registration of electoral rules, 1960 framed under the representation of people act, 1950, a person is required to give similar demographic information in form ii, i.e., name, date of birth, gender, current address and permanent ..... held: 80. in durga shankar mehta v. raghuraj singh, air1954sc520the order of the election tribunal was made final and 346 conclusive by section 105 of the representation of the people act, 1951. the contention was that the finality and conclusiveness the jurisdiction of the supreme court under article 136. this contention was repelled. it was observed ..... purview of ordinary law, in cases where the needs of justice demand interference by the supreme court of the land.... of 105 section the representation of the people act certainly gives finality to the decision of the election tribunal so far as that act is concerned and does not provide for any further .....
Tag this Judgment!Court : Supreme Court of India
..... of candidates on the ground of defection, which reflects the importance of political parties in our democracy. section 77 of the representation of the people act, 1951, requires monetary limits to be prescribed for expenditures incurred by candidates.65 as political parties are at the helm of ..... . .... .. .... ........ . ........j.[b r gavai]. . .... .. .... ........ . ........j.[j b pardiwala]. . .... .. .... ........ . ........j.[manoj misra]. new delhi; february 15, 2024 152 annexure i section 29c, representation of the people act 1951 prior to amendment by the finance act 2017 upon amendment by section 137 of the finance act, 2017 29c. declaration of donation received by the section 29c ..... it cannot be ascertained whether the political party has taken any donation in violation of provisions under section 29b of the representation of the people act 1951 which prohibits the political parties from donations from government companies and foreign sources.23. referring to the deletion of .....
Tag this Judgment!Court : Supreme Court of India
..... rejecting both the election petitions on 2 grounds namely: (i) that there were incurable defects in the election petitions in terms of section 86(1) of the representation of the people act, 1951; and (ii) that the petitioner was disqualified in view of the inhibitions contained in section 8(3) of the act read with article 102(1 ..... different yardsticks cannot be applied and that in any case, so long as the sentence of imprisonment remained suspended, the disqualification under section 8(3) of the representation of the people act, 1951, may not be attracted.10. it is to be noted at this stage that the petitioner filed her nomination from one more constituency, namely ..... 2 sureties.7. the returning officer, noted in his order dated 06.04.2019 that the petitioner stood disqualified in terms of section 8(3) of the representation of the people act, 1951, as the period of disqualification had not lapsed.8. aggrieved by the order of rejection of the nomination, the petitioner filed an appeal to .....
Tag this Judgment!Court : Supreme Court of India
..... framed temporary guidelines until the legislatures passed a bill in that regard. however, in the case at hand, there is a special legislation, namely, the representation of people act wherein section 123 enumerates exhaustively a series of acts as corrupt practice . therefore, this is not a case of legislative vacuum where the judiciary can ..... issue no.1 whether the promises made by the political parties in their election manifestos would amount to corrupt practices as per section 123 of the representation of the people act, 1951?. 48) before going into the acceptability or merits of the claim of the appellant and the stand of the respondents, it is ..... of relevant authorities. in such circumstances, it cannot be claimed that these works amount to an unfair advantage or corrupt practices within the meaning of the representation of the people act, 1951. of course such spending is subject to the above act and the regulations of the election commission. (iv) the schemes under challenge .....
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