Court : Supreme Court of India
Reported in : JT2001(1)SC382; (2001)2MLJ102(SC); 2001(1)SCALE63; (2001)2SCC247; [2001]1SCR95
..... court, in the circumstances, taking into account the implications arising under article 329(b) of the constitution of india read with section 80 of the representation of the people act, 1951, relating to election petitions prescribing the manner for presentation of the election petition by necessary implication stand clothed with such a statutory character which ..... b) written in the english language, numbering separately the paragraph thereof;(c) couched in proper language, and in conformity with section 81 82 and 83 of the representation of the people act, 1951.'article 329(b) lays down:'329. bar to interference by courts in electoral matters --(a) .. .. ..(b) no election to either house ..... election petition for non-compliance with the high court rules, in prabhu narain's case this court held:'further more according to section 86 of the representation of people act only petition which do not comply with the provision of section 81 or 82 or 117 are liable to be dismissed. we, therefore, over .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347
..... . the constitutions and laws of several countries leave the decision of election disputes to the judgment of the legislatures themselves. the history of the representation of the people act, 1951 as also various articles in our constitution show that judicial review can be excluded in appropriate cases as a matter of policy, ..... it is noticeable that no english case could be cited where any attempt was made by the british parliament to circumvent section 107 of the representation of the people act. 1949, which lays down:section 107. method of questioning parliamentary election.(1) no parliamentary election and no return of parliament shall be ..... iii of the constitution.40. where invalid elections declared by reason of corrupt practices have been validated by changing the definition of corrupt practices in the representation of the people act, 1951 retrospectively the original judgment is rendered ineffective. (see kanta kathuria v. manak chand surana : [1970]2scr835 .41. our federal court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC872; [1969]1SCR679
..... limitation act.15. before the recent amendment of the representation of the people act election petitions had to be presented to the election commission which was empowered the under section 85 to dismiss the petition if the then provisions of ..... by section 29(2) of the limitation act. in our opinion however the limitation act cannot apply to proceedings like an election petition inasmuch as the representation of the people act is a complete and self-contained code which, does not admit of the introduction of the principles or the provisions of law contained in the indian ..... practices he had not been impleaded as a party to the petition which was liable to be dismissed under the provisions of section 82(b) of the representation of the people act, 1951 (hereinafter referred to as the 'act') in compliance with section 86(1). the election petitioners filed application no. 187 of 1967 for withdrawing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1477; (1970)2SCC369; [1971]1SCR8
..... filed sharma averred that mishra had incurred and authorised expenditure exceeding the permissible limit of rs. 7,000/- fixed under the rules framed under the representation of the people act, 1951. mishra in his statement of election expenses had disclosed that he had spent rs. 6,324-14. by adding to the particulars ..... of expenditure was liable to be included in the return of election expenses filed by mishra with the returning officer under section 78 of the representation of the people act. 1951, and if that item be included the total expenditure incurred by mishra exceeded the maximum amount of expenditure permitted for an assembly ..... such statements being reasonably calculated to prejudice the prospects of sharma's election and thereby committed corrupt practice defined in section 123(4) of the representation of the people act, 1951; that mishra through his agents and workers hired or procured on payment or otherwise motor-vehicles and bullock-carts for conveying electors to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC840; (1978)2SCC659; [1978]3SCR446; 1978(10)LC276(SC)
..... of an election petition filed by the appellant in the high court of kerala challenging the election of the respondent to the lok sabha from kozhikode constituency under the representation of the people act, 1951 (hereinafter referred to as the act). the election was held on 19th march, 1977 and the respondent having secured the majority of votes was declared elected to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC558; 1983(1)SCALE344; (1983)2SCC473; [1983]2SCR629
..... was an integral part of the election petition and therefore the election petition must be dismissed summarily under sub-section (1) of section 86 of the representation of the people act, 1951. we further direct that the high court shall permit the appellant to withdraw the recrimination petition filed by him under section 97 of the ..... in point. one of us (venkataramiah, j.) had occasion to deal with the corresponding sub-section (3) of section 89 of the jammu & kashmir representation of the people act, 1957 which reads:every election petition should be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall ..... 16, 1980. on july 14, 1980 the respondent, dr. h.v. hande, filed an election petition under section 81 read with section 100 of the representation of people act 1951 (for the sake of brevity hereinafter referred to as 'the act') challenging the election of the appellant on various grounds. the election petition was accompanied .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC290; (1974)2SCC660; [1975]1SCR643
..... detain us. the narrow point that survives for our scrutiny as to whether the appellant did commit the corrupt practice under section 123(1) of the representation of people act, 1951 (the act, for short), by placing at the disposal of candidate respondent 3, car d.l.f. 675 and promising him the ..... non-acceptance of the case of public meetings addressed by the appellant together with tayyab hussain, r3w9, does not necessarily mean handbills were not handed over to people. even where good evidence, not parrot-like repetition, is forthcoming, as an appellate court we hesitate to interfere, on questions of fact where the trial ..... -observes about the u.s. situation while considering the harm of a switch-over to proportional representation :we have groups of all sorts and kinds formed around religious, racial, language, social and other contentious distinctions. proportional representation invites these groups to seek to harden and intensify their differences by bringing them into political action .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC351; (1978)1SCC504; [1978]2SCR524; 1978(10)LC102(SC)
..... by this court in ch. razik ram v. ch. j.s. chouhan and ors. : air1975sc667 that to establish the corrupt practice under section 123(5) of the representation of the people act, 1951, it is necessary for an election petitioner to prove (i) that any vehicle or vessel was hired or was procured whether on payment or otherwise by ..... of mr. tarkunde and are of the opinion that there is considerable force in them. as section 144-t of the act corresponds to section 123 of the representation of the people act, 1951, the same principles must govern the adjudication of disputes relating to the election under the act as it governs the adjudication of disputes in relation ..... to elections under the representation of the people act, 1951. in regard to section 123(5) of the representation of the people act, 1951 which before its amendment by act 47 of 1966 was identical in terms with section 144-t(3) of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1041; JT2002(2)SC87; 2002(2)SCALE157; (2002)3SCC521; [2002]1SCR1053
..... paragraphs of the election petition pertaining to the infraction of rules committed by respondents 7 and 8 are paragraphs 20a, 20d, 20f, 25 and 28. the representation of the people act, 1951 [hereinafter referred to as 'the act'] is an act, providing for the conduct of elections to the house of parliament and to the house ..... from the array of parties and by such deletion, there has been no illegality requiring interference by this court. mr. muralidhar, further contended that the representation of the people act being a full code by itself, prescribing the procedure to be followed and indicating the parties to be arrayed to an election petition and respondents 7 ..... 8. those respondents filed an application before the high court of karnataka for their deletion inter alia on the ground that under section 82 of the representation of the people act, it has been clearly indicated that who should be the parties to an election petition and since they have been unnecessarily impleaded, they should be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1352; JT1990(3)SC145; (1990)3SCC612; 1990(1)LC657(SC)
..... no.1 were found therein, but the officers omitted the name of the respondent no, 1 from f.i.r. and permitted his people to escape. the petitioner has not filed any supporting document to show that any representation was actually sent to the excise superintendent as claimed. on the other hand when a complaint was lodged with the election observer on ..... the respondent no. 1 on 28.2.1985. the registered numbers of the vehicles seized by the police have been mentioned as being in the service of the respondent. a representation is said to have been sent by the petitioner to the excise superintendent. according to the further story, when the vehicles were seized on the 4th of march, 1985, election ..... orderlalit mohan sharma, j.1. this appeal under section 116a of the representation of the people act, 1951 is directed against the judgment of the andhra pradesh high court under section 98 of the said act dismissing the election petition filed by the appellant, challenging the .....
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