Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i corrupt partices Page 31 of about 670 results (0.120 seconds)

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... the back door of a 'basic structure' of the constitution.'the learned chandrachud j. in paragraph 692 observed :'... ... ... ... the argument regardingthe invalidity of the representation of the people (amendment) act, 58 of 1974 and of the election laws (amendment) act, 1975, has however, no substance. the constitutional amendments may, on the ratio of ..... made reference to the controversy in the election case : [1976]2scr347 before the supreme court which included the challenge to amendments effected to the representation of the people act and election laws(amendment) acts. one of the attacks to these amendments expressly negatived by the supreme court rested on the basic structure or ..... was to article 329(a4) and (a5) inserted by that amendment. along with those amendments it is useful at this stage to state that the representation of the people (amendment) act (act no 58 of 1974) and election laws amendment act (act no. 40 of 1975) which was placed under the constitutional umbrella .....

Gunvantlal Maganlal Pandya Vs. Pranabkumar Kamda Kinker Mukharjee

Court : Gujarat

Reported in : (1983)1GLR495

..... city of ahmedabad;(ii) rule 13 (2) of the registration of election rules, 1960 (hereinafter called 'the 1960 rules') is ultra vires the provisions of the representation of the people act, 1950 (hereinafter called 'the r. p. act, 1950') as well as article 14 of the constitution insofar as it restricts the right to challenge ..... whose name is already included in that 'part' of the roll in which the name objected to appears;(iii) contrary to section 19-a of the representation of the people act, 1951 (hereinafter called 'the r.p. act, 1951') the secretary to the gujarat legislative assembly was appointed as the returning officer under section 21 ..... be chosen for the council of states by indirect election by the members of the legislative assembly of the concerned state in accordance with system of proportional representation by means of a single transferable vote. articles 84 and 102 refer to the qualification and disqualification respectively for membership of parliament with which we are .....

Ishrath Banu Vs. The Returning Officer (Also, The Assistant Commission ...

Court : Karnataka

..... 13. both these cases deal with the filing of the election petition. thus, they deal with pre-trial situation. interestingly, both the karnataka municipal act and the representation of peoples act, 1951, do contain provisions which warrant that once the trial has begun, then the provisions of cpc would have to be followed as closely as possible. however ..... plaint could be submitted by the advocate, but this argument was rejected inter-alia on the ground that the provisions of cpc are not applicable to the representation of people act, 1951. it is in this context that the apex court observed as under: inspite of existence of adequate provisions in the code of civil procedure ..... presented "by" the plaintiff, but was presented by his advocate. since the requirement of sections 81 (1) and (3), read with 86(1) of the representation of the people act, 1951 was that the election petition has to be submitted "by" the plaintiff, the apex court was of the opinion that the election petition has not .....

Udho Ram Vs. Bhupinder Singh and ors.

Court : Himachal Pradesh

Reported in : AIR1988HP41

..... enacting that a fresh election shall be held (see sub-section (2)). the scheme of the act in this regard is thus entirely different from the scheme of the representation of the people act, 1951, which enables an election petitioner to claim not only a declaration that the election of the returned candidate is void but also that he himself or any .....

Ch. Liaqat Ali Vs. Puran Singh and ors.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ557

..... recognized. so far as holding of elections in the state of jammu and kashmir are concerned, they are governed by the provisions of jammu and kashmir representation of people act, 1957. for the purpose of this act the expression recognized political party can only mean recognized political party in the state of jammu and kashmir. ..... of the expression recognized political party used in sub-section (1). the recognition to a political party is granted under section 29(a) of the central representation of people act, 1951 which empowers election commission of india to register any association or body of individual citizens of india calling itself as a political party, as a ..... his challenge to the election of respondent puran singh only on two grounds as contemplated by clauses (b) and (c) of section 108 of jammu and kashmir representation of people act, 1957 (for short the act). before dealing with the challenge under ground (b) i would take firstly the challenge under clause (c) of section 108 .....

B.S. Yeddyurappa Vs. the Lokayukta of Karnataka and Others

Court : Karnataka

..... is it not offering tv, wet grinder etc., to the voters after the election is over amounting to corruption? it is the high time that the representation of the people act, 1950 has to be amended.26. now coming to the point for consideration, we have to take note of the background for the government making ..... therefore both the investigation and acceptance of the report are violative of sections 9, 12 and 13 of k l act;(xxix) that the petitioner made a representation dated 1.8.2011 to the lokayukta seeking re-consideration of the report and give him an opportunity to substantiate his claim, but the same was not ..... been many complaints from transporters associations regarding overloading of transport vehicles, that illegal gratification was sought for allowing overloading of iron etc., and the repeated complaints and representations by transporters associations, it has been alleged to have not been seriously considered by the government. it is also alleged that most of the ore not accounted .....

N.E. Horo Vs. Smt. Jahanara Jaipal Singh

Court : Supreme Court of India

Reported in : AIR1972SC1840; (1972)1SCC771; [1972]3SCR361

..... 6 more details were given of the various other ceremonies also which were performed in connection with the marriage. after referring to the relevant provisions of the representation of people act 1951, hereinafter called the 'act', it was stated that the returning officer had illegally allowed irrelevant personal aspersions to be cast against the petitioner ..... conduct of the community which had been given the right of special representation, the manner and how the community regarded a particular individual and whether the community as a whole intended to take the individual within its fold were ..... it was said that the whole object of reserving a seat for a particular tribe was to afford the community, as a whole, a right of representation and therefore the question of the membership of a particular individual of that community could not be considered divorced from the very object of legislation. thus the .....

Procter and Gamble India Limited and anr. Vs. the Municipal Corporatio ...

Court : Mumbai

Reported in : 1994(3)BomCR403

..... as to what amounts to 'express exclusion' of the provisions of sections 4 to 24 of the limitation act, 1963 while dealing with the question arising under the representation of people act, 1951 where the election petition was filed belatedly. para 17 of the judgment at page 489 reads as under :-'17. though section 29(2) of the ..... section 29(2) of the limitation act. in our opinion however the limitation act cannot apply to proceedings like an election petition in as much as the representation of the people act is a complete and self-contained code which does not admit of the introduction of the principles of the provisions of law contained in the indian limitation ..... despite the provisions of section 29(2) of the limitation act, the said act cannot apply to the proceedings under the election law in as much as the representation of people act was a complete code which did not admit the introduction of the principles of the provisions of law contained in the indian limitation act.32. in the .....

Kamalnath Vs. Sudesh Verma

Court : Supreme Court of India

Reported in : AIR2002SC599; 2002(3)ALLMR(SC)611; JT2002(1)SC15; 2002(1)SCALE61; (2002)2SCC410; [2002]1SCR63

..... an election petition, which was registered as election petition 3 of 1998 impugning the election of the appellant alleging corrupt practice under section 123(6) of the representation of peoples act (hereinafter referred to as "the act"), in as much as the appellant is alleged to have incurred or authorised expenditure in contravention of section 77 of ..... to the conclusion that material facts in relation to an allegation of corrupt practice within the ambit of section 123(6) read with section 77 of the representation of the people act are lacking and, therefore, the election petition must be held to be not maintainable. in our view, the high court committed error in coming ..... .so far as the second question is concerned, mr. venugopal,s contention is based upon the language used in the proviso to section 83(1) of the representation of people act. the proviso to section 83(1) reads thus:-"83. contents of petition. (1) an electionpetition(a) shall contain a concise statement of the material .....

Madhavrao Tatyasaheb Ghatge Vs. Collector, District Kolhapur and ors.

Court : Mumbai

Reported in : AIR1965Bom217; (1964)66BOMLR784; ILR1965Bom184; 1965MhLJ146

..... of other cases which took the view that the result of the election was materially affected. some of these cases related to the interpretation of section 100 of the representation of the people act. the material portion of that section in terms requires it to be established that the result of election, in so far as it concerned the returned candidate, had ..... of the judge in such manner as he may determine'.sub-section (6) with certain variations adopts the definitions of corrupt practices as specified in section 123 of the representation of the people act. then again sub-section (7), which is material, is as follows;'if the validity of any election is brought in question only on the ground of an error .....