Court : Supreme Court of India
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... legislation cannot be struck down as unconstitutional. all the writ petitions questioning the constitutional validity of the amendments brought about in the representation of people the act, 1951 through the representation of the people (amendment) act, 2003 (act no. 40 of 2003), being devoid of merits are hereby dismissed. interim orders stand vacated. ..... on the legislative powers of the parliament in this regard. the amendments in sections 3, 59, 94 and 128 of the representation of the people act, 1951 by the representation of the people (amendment) act, 2003 (40 of 2003) has been made in exercise of the powers conferred on the parliament under article ..... election for constituting legislative assembly after premature dissolution of the existing one. however, in view of the scheme of the constitution and the representation of the people act, the elections should be held within six months for constituting legislative assembly from the date of dissolution of the legislative assembly.50. mr .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1985(2)SCALE384; (1985)4SCC689; [1985]Supp1SCR493; 1986(1)LC104(SC)
..... petitioners are enrolled as voters in the electoral roll of the west bengal legislative assembly. the validity of several provisions of the representation of the people act, 1950, the representation of the people act, 1951, the registration of electors rules, 1960, and the conduct of election rules, 1961 was challenged in the ..... officers concerned and all the staff working under them, were beyond reproach in their conduct in implementing the relevant provisions of the constitution, the representation of people acts of 1950 and 1951, the electoral registration rules, 1960 and the directions given by election commission in the preparation of the electoral rolls ..... will be disposed of, and names included, in the electoral rolls still the last date of making nominations, as permissible under section 23(3) of the representation of people act,1950.34. we order accordingly.baharul islam, j.35. the constitution of india envisages a sovereign, socialist, secular, democratic republic. each of the terms .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2044; JT1999(2)SC347; 1999(2)KLT18(SC); 1999(2)SCALE222; (1999)3SCC737; [1999]2SCR99; 1999(1)LC621(SC)
..... preliminary objections which were made the basis of framing the following issues :1. whether the petition has been presented in compliance with the provisions of the representation of the people act?2. whether the absence of an affidavit in support of the allegations of corrupt practices in the petition is fatal to the maintainability of the ..... costs assessed rs. 1,500. feeling aggrieved by the judgment of the high court, the appellant has preferred this appeal under section 116-a of the representation of people act, 1951 (hereinafter referred to as 'the act').3. assailing the judgment impugned in this appeal, the learned counsel appearing for the appellant has vehemently argued ..... ) by the improper reception of votes which is void and (iii) by the non-compliance with the provision of the constitution and the provisions of the representation of people act, 1951 as also rules and orders made under the act.17. it was, therefore, wrongly, found that in the absence of specific pleading and full .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1
..... the ministry of law, justice and company affairs calling upon all the parliamentary constituencies to elect members in accordance with section 14(2) of the representation of the people act, 1951. in pursuance of this notification the election commission on the same day appointed the dates when elections were to be held in various constituencies ..... . this order was passed under section 30 of the representation of the people act, 1951. further details are not necessary for the purpose of deciding the issues arising in this case. suffice it to mention that in ..... by notification dated february 10, 1977 by the ministry of law. justice and company affairs passed under sub-section (2) of section 14 of the representation of the people act, 1951 by which the president called upon the parliamentary constituencies to elect members in accordance with the provisions of the said act and of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC547; JT2005(11)SC408; (2005)2SCC188
..... of 2002 by the bench of the high court of bombay on preliminary issues without any trial and have filed these two statutory appeals under section 116a of the representation of the people act, 1951 (in short 'the act' ) against two separate judgments of the same bench of bombay high court. since common questions of law and facts arose in both the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC628; [1965]1SCR116
..... would justify an inference that the office of the registrar of the high court was misinformed, as the advocate was, as to the statutory requirements imposed by the representation of the people act in the matter of deposit of security for costs of the appeal. if the memorandum of appeal had not been accepted by the registrar's office, because ..... been preferred by the appellant. 2. the facts bearing on the plea which has found favour with the high court of rajasthan and the relevant provisions of the representation of the people act in force at the material time may be briefly stated. section 119a of the act which was added by s. 64 of act 27 of 1956 ..... of the appellant on the ground that the appellant had in the course of the election committed corrupt practices within the meaning of s. 123(4) of the representation of the people act, 1951, by publishing a poem containing false statements of fact relating to the personal character and conduct of the applicant brij mohan lal and which were .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC667; (1975)4SCC769
..... 18072 polled by ch. jaswant singh, his nearest rival.2. ch. jaswant singh, respondent (to be called the petitioner hereafter) filed an election petition under the representation of the people act, 1951 (hereinafter called the act) challenging the election of the appellant on various grounds, of which the following only survive for the purpose of this appeal:(a ..... intention to examine them and gave them up. rasal singh son of harnarain singh of village khewara was cited in the list at sl. no. 62 with the representation 'witness shall state about obtaining service of hawaldar partap singh and' his canvassing for rieak ram by him'. this risal singh was tot cited for proving an ..... not record any statement. he made no inquiry about the manner of her father's death. the officer obtained her thumb-impression on a blank paper with the representation that she would get some money from the petitioner. the officer did not mention the amount that would be paid to her. she, however, did not receive .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC3; 1985(2)SCALE1142; 1985Supp(1)SCC611; [1985]Supp2SCR399
..... succeed. while in a first appeal, the entire evidence can be reviewed by the appellate court, and this being the first appeal under section 116a of the representation of the people act, one must, however, always bear in mind that where the question is whether the oral testimony should be believed or not, the views of the trial ..... brother. i would, however, like to express my views on following four points involved in the appeal: firstly, this being appeal under section 116a of the representation of the people act, 1951 which is in the nature of first appeal to this court, how should the appraisement of evidence by the trial court be reviewed by this court ..... judgment of the high court and dismiss the appeal but in the circumstances without any order as to costs. varadarajan j. : this appeal under section 116a of the representation of people act, 1951, hereinafter referred to as 'the act', is directed against the dismissal of election petition no. 13 of 1982 on the file of the punjab & haryana .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4603; JT2003(Suppl2)SC613; 2003(3)KLT1081(SC); 2003(8)SCALE165; (2003)8SCC498
..... in the 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);'26. sub-section (1) of section 33 provides as under:'33. presentation of nomination paper and requirements for a valid nomination ..... to which the first respondent herein belonged to. according to the appellant, the said electoral roll in view of the prohibition contained in section 23(3) of the representation of the people act, 1950 (for short, 'the 1950 act') was void ab initio, as a result whereof the election of the first respondent became vitiated by reason of ..... electoral roll would render a general election invalid in law is the core question involved in this appeal filed by the appellant herein under section 116a of the representation of the people-act. 1951 (hereinafter referred to as 'the 1951 act') which arises out of a judgment and order of the high court of kerala dated 7.3 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1362; 1980Supp(1)SCC53; [1980]3SCR1302
..... in isolation. its scope, ambit and underlying object must be ascertained in the context of the act in which it finds its place, viz., the representation of the people act, 1951, and further in the context of the fact that this act itself was enacted in exercise of power conferred by the articles in part xv ..... preference vote'? an objection was taken on behalf of the returned candidate that the question violates the secrecy of the ballot as ensured by section 94 of the representation of the people act, 1951 ('act' for short), and, therefore, the question was impermissible. at that stage civil miscellaneous application no. 13-e of 1977 was presented ..... seat, inter alia, contending that the result of the election of the present appellant has been materially affected (i) by non-compliance with the provisions of the representation of the people act, 1951, and the rules made thereunder; (ii) by improper reception of votes in favour of respondent 1, and (iii) by commission of corrupt practice .....
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