Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i corrupt partices Page 34 of about 670 results (0.191 seconds)

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... would be a disqualification for election to the legislative assembly under section 17 of government of part c states act 1951 read with section 7(d) of representation of the people act, 1951. in the view of the court: from the union government under 4 we are unable to agree that section 3(8) has the ..... interested in contracts with the government and was disqualified for being chosen to the legislative assembly of himachal pradesh. the election tribunal rejected the contention holding that representation of the people act, 1951 was 90 (1955) 1 scr549130 part k not applicable to elections in part c states. the appellant contended that the contracts in which ..... union of india87 ( manoj 85 (1972) 3 scc71786 (2006) 7 scc187 (2014) 9 scc1126 part k narula ). in kuldip nayar, an amendment made in the representation of people act, 1951 was challenged. by the said amendment, the requirement of domicile in the state concerned for getting elected to the council of states was deleted. it was contended .....

Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal

Court : Supreme Court of India

..... 2017, are as follows: i. two election petitions were filed by the present respondents before the bombay high court under sections 80 and 81 of the representation of the people act, 1951, challenging the election of the present appellant, namely, shri arjun panditrao khotkar (who is the returned candidate [hereinafter referred to as the rc ..... the returned candidate - was a government servant, his nomination had been improperly accepted. the court held that the requirement of section 100(1)(d) of the representation of people act, 1951, being that the election can be set aside only if such improper acceptance of the nomination has materially affected the result of the election, ..... effect of not pleading or proving that the election had been materially affected by the improper acceptance of a nomination under section 100(1)(d)(i) of the representation of people act, 1951. after referring to durai muthuswami v. n. nachiappan and ors. 1973(2) scc45and jagjit singh v. dharam pal singh 1995 supp (1 .....

Balaji Paper Boards (P) Ltd. and Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(62)ECC631

..... the provisions of rule 9(2) and the provisions of section 11a.the matter before the hon'ble supreme court arose on an election petition under the representation of the people act 1951.there was no provision in the said act permitting intervention of an elector of the constituency in all contingencies of failures of the election petition ..... issued by the central board of excise & customs and collector of central excise.section 11a(2) provides that the asstt. collector of central excise shall, after considering the representation, if any, made by the person on whom the notice is served under sub-section (1). determine the amount of duty of excise due from such person ( ..... state the facts as how the assessee committed fraud or had entered into a collusion or had made wilful mis-statement or what facts were suppressed. the representations continued to be received from the trade that the period of 5 years under section 11a was still being indiscriminately invoked. the board took a serious view .....

Lok Prahari, Through Its General Secretary s.n. Shukla Vs. Union of In ...

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 .....

Anoop Baranwal Vs. Union Of India Ministry Of Law And Justice Secretar ...

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. .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

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 .....

Manoj Narula Vs. Union of India

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 .....

Dr. Narottam Mishra vs.election Commission of India and Ors.

Court : Delhi

..... bharatiya janata party ( bjp hereafter), was declared the winning candidate. he had disclosed an expenditure of `2,40,827/- as required by section 77 of the representation of the people act, 1951 (hereafter, also the rp act or the act ). on 13.04.2009 the third respondent (rajendra bharti hereafter shri bharti ) filed a complaint ..... 1961 applied by the ec in arriving at its conclusion, subsequently upheld by the single judge, are as follows: sections 10a, 77 and 78 of the representation of the people act, 1951 10a. disqualification for failure to lodge account of election expenses. if the election commission is satisfiedthat a person (a) has failed to lodge an ..... interpretation however, needed a clarification as it did not specify who all specifically would qualify to incur/ authorize such expense, which was brought about by the representation of the people lpa4802017 page 43 of 80 (amendment) act, 1974 (the amendment act ), by virtue of which explanations 1 and 2 were added to section 77(1 .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

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 .....

Gachake Anil Raghunath, Trunal Nivrutti Wagh, and ors. Vs. the Electio ...

Court : Mumbai

..... corrupt practices, in pursuance to section 123(3) of representation of the people act, 1951. the relevant portion of the manifesto reads:-"for the first time, a separate ministry of minority affairs was created in may 2004 and the ..... inc, the national political party, had published an election manifesto with a specific reference to benefits being given by them to "muslims minority" and the provisions of representation of the people act, 1951, sec.123(3), were violated. the respondent no.4, the official candidate of the inc, contested the general elections, 2009 and was engaged in ..... a constituency to elect a member or members right up to the final resolution of the dispute, if any, concerning the election is regulated by the representation of the people act, 1951, different stages of the process being dealt with by different provisions of the act. there can be no election to parliament or the .....