Court : Supreme Court of India
Reported in : AIR2003SC3701; JT2003(7)SC99; (2004)1MLJ23(SC); 2003(6)SCALE157; (2003)7SCC66
..... of an appeal should be held to be wider than an application for judicial review or a petition under article 136 of the constitution of india.16. furthermore, the representation of the people act provides for a complete machinery. the right of appeal conferred upon a suitor must be considered from that angle. when an order is passed under section 98 of ..... order1. the question as to the interpretation of section 116a of the representation of the people act, (thereafter referred to as 'the act') falls for consideration in this appeal which arises out of a judgment and order dated 31.07.2002 passed in misc. case no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT242; 2001(2)MPLJ419
..... integrated proceeding and every aspect of it and every stage of it and every step taken in it is a part of election.these decisions have been rendered under the representation of people act, 1951 (hereafter for short 'the act of 1951'). they do not point out the period when election can be called in question by election petition. section 67-a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2192; (1974)IILLJ465SC; (1974)2SCC831; [1975]1SCR814; 1975(1)SLJ1(SC)
..... (2) on the expiration of the period of five years prescribed therein, for parliament has provided for that contingency in section 14 of the representation of the people act, 1951.on our interpretation other articles of the constitution also have full play, i.e. article 77(3) which contemplates allocation of business ..... was under our constitution which had borrowed the british parliamentary form of government making the cabinet collectively responsible to the parliament (the house of the people) a strictly constitution head.... having regard to the meaning of the expression 'aid and advise' in british constitutional law and practice it meant that ..... of india has been characterised only by benevolent monarchical traditions and not by any completely popular democratic institutions. the temperament and emotions of the indian people have been attuned only to such institutions and they will have to gradually acclimatize themselves to a total democratic tradition.this attitude may give insight .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1084; (1979)4SCC93; [1979]3SCR1078
..... thereafter includes a residual clause leaving the definition of remaining categories of two other laws. these other laws must also be election laws. an example is the representation of the people act, 1951 which is relevant to article 102(1)(e) and article 191(1)(e) of the constitution. since section 15 of the nagpur corporation act ..... election petition merely out of speculative possibilities of success. the reasoning of the bombay high court not merely accords with the well-known criteria incorporated in the representation of the people act,. 1951 as well as in the rulings thereon by this court but also is in consonance with the election sense. it is true that there ..... dismiss appeal no. 356 of 1978. parties will bear their costs at this late stage when long litigation has kept in suspended animation the constituency's right to representation. v.d. tulzapurkar, j. 21. i have had the benefit of reading the judgment of my esteemed brother krishna iyer in these appeals whereby he proposes to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR141
..... been cognisant of the law laid down by the supreme court on the question of inspection/recount of the ballot papers in the context of the provisions of the representation of the people act, 1951 and various other statutes. it must be presumed to be aware of the fact that the supreme court has time and again laid down the principles which .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... b. k. mukherjea c. j. had to examine the question whether returning officer deciding on the validity of the nomination paper under s. 36(2) of the representation of the people act, 1951 was a court within the meaning of section 193, 1. p. code, or not. the following pertinent observations were made by venkatarama ayyar, j ..... under the act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate government. section 36 deals with representation of parties insofar as labour court, tribunal or national tribunal are concerned and lays down by subsection (4) thereof that in any proceeding before such authorities, ..... criminal contempt' is defined in seetion,2(c) as under 'criminal contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which -(i) scandalises or tends to scandalise, or lowers or tends to lower the authority .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom223; 2000(2)ALLMR155; 2000(1)MhLj264
..... that there must be clear, unequivocal, evidence to prove that undue influence was brought on the voters. but, all those rulings are with respect to the provisions under the representation of the people act, 1951, where causing undue influence happens to be as per the provisions of section 173 of the indian penal code; and a criminal offence, and, therefore, it is .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR610
..... particularly to rule 92(2)(c), the words 'the packets of the counterfoils of used ballot papers ' are added. in spite of the said amendment to rule 93 of the representation of people act, 1951, chapter v 'election to the notified societies' was introduced in the rules framed under the co-operative societies act on october 26, 1987, and the government thought ..... entitled to get the order of inspection about the same. respondent no. 1 has also relied on rule 93 of the conduct of elections rules, 1961, framed under the representation of the people act, 1951. the said rule 93 is as under.'production and inspection of election papers.---(1) while in the custody of the district election officer or, as the case .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ARBLR192(Bom); 2004(5)BomCR311; [2004(101)FLR926]; 2004(3)MhLj199
..... not excluded? the apex court in hukumdev narain yadav v. lalit narain mishra, reported in : [1974]3scr31 , while dealing with the matter arising out of election petition under the representation of the people act, 1951 and the issue pertaining to the applicability of the limitation act, 1963 to such cases, held thus :--'even assuming that where a period of limitation has not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC772; 1985(33)BLJR340; [1985(51)FLR68]; 1985LabIC590; (1985)IILLJ184SC; 1985(1)SCALE391; (1985)2SCC358; [1985]3SCR163; 1985(2)SLJ454(SC)
..... ' within the meaning of section 12. there are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the people act, 1951, entitled 'disqualifications for membership of parliament and state legislatures' and chapter iv entitled 'disqualifications for voting' contain provisions which disqualify persons convicted of certain charges from being ..... of law, we have an uneasy conscience. delay not only defeats justice and robs it of its immediate relevance to the parties but it shakes the very confidence of the people in the desire and ability of law courts to assist them when they need that assistance most.2. the appellant was retrenched by the ministry of rehabilitation, government of india .....
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