Court : Supreme Court of India
..... framed temporary guidelines until the legislatures passed a bill in that regard. however, in the case at hand, there is a special legislation, namely, the representation of people act wherein section 123 enumerates exhaustively a series of acts as corrupt practice . therefore, this is not a case of legislative vacuum where the judiciary can ..... issue no.1 whether the promises made by the political parties in their election manifestos would amount to corrupt practices as per section 123 of the representation of the people act, 1951?. 48) before going into the acceptability or merits of the claim of the appellant and the stand of the respondents, it is ..... of relevant authorities. in such circumstances, it cannot be claimed that these works amount to an unfair advantage or corrupt practices within the meaning of the representation of the people act, 1951. of course such spending is subject to the above act and the regulations of the election commission. (iv) the schemes under challenge .....
Tag this Judgment!Court : Patna
..... .2013: 1. whether the election petition itself is not fit to be rejected for non-compliance of sections 81, 82 and 117 of the representation of the people act, 1951? 2. whether the election of sole respondent from munger parliamentary constituency is not void for conduct of corrupt practice within the meaning of ..... section 123 of the representation of the people act, 1951?? ] 39. in support of the allegations set out in the election petition election-petitioner examined as many as 11 witnesses, namely, p. ..... , barahiya, barh, mokama block(s). in paragraph 32 of the cross-examination election-petitioner has stated that he thought that his election agent has submitted representation with regard to the irregularities, illegalities committed at booth nos. 193, 194 of barh assembly constituency to the election commission of india by the policemen, home .....
Tag this Judgment!Court : Delhi
..... , the commission has decided that the respondent had knowledge of, and impliedly authorized publication of the impugned advertisements within the meaning of section 77 of the representation of people act, 1951. (iv) expenditure incurred/authorized on the impugned publications have not been included in the account of election expenses lodged by lpa no.480 ..... by any other person with direct or implied consent or knowledge of the respondent or his election agent within the meaning of section 77 of the representation of the people act, 1951. (iii) whether the expense incurred/authorised in such publications are included in the account of election expenses lodged by the respondent?. ( ..... india ( eci ), disqualifying him for three years from the date of the said order under section 10a read with sections 77 and 78 of the representation of the people s act, 1951 ( rpa1951) for failure to lodge his account of election expenses in the manner required by law, does not stand disqualified from membership .....
Tag this Judgment!Court : Supreme Court of India
..... of his information and the election result of the returned candidate therefore is required to be declared void under u/s. 100(1)(d)(i) of the representation of the people act, 1951. 8d. it is further submitted that the respondents herein who is the returned candidate has failed and neglected to 5 disclose the information of pending ..... the same as c.c. no.370/2012 and the charges were also framed as on the day of filing nomination. as per section 33(a) of the representation of the people act, 1951 it was incumbent upon every candidate, who is contesting election, to give information about his assets, criminal antecedents and other affairs, which requirement is ..... of kisan shankar kathore vs arun dattatray sawant and others reported in (2014) 14 scc162 8b. it is submitted that as per the section 33 of the representation of the people act, 1951, a nomination paper complete in the prescribed form, signed by a candidate and by an elector of the constituency as proposer should be delivered to .....
Tag this Judgment!Court : Supreme Court of India
..... the election petition must contain a concise statement of material facts on which the petitioner relies.58. there is no definition of material facts either in the representation of the people act, 1951 nor in the code of civil procedure. in a series of judgments, this court has laid down that all facts necessary to formulate a ..... the notification calling upon a constituency to elect a member or members right upto the final resolution of the dispute, concerning the election is regulated by the representation of people act 1951. the said r.p. act therefore has been held to be a complete and self-contained code within which must be found any rights claimed ..... commission of india in exercise of their statutory powers under article 324 of the constitution of india in view of providing information to the public under the representation of people act. besides, it is pertinent to state here that the income from the foreign countries is subject to income tax under the singapore income tax act .....
Tag this Judgment!Court : Supreme Court of India
..... .8 of 2021 was filed by the first respondent before the high court of kerala at ernakulam under sections 80, 81, 83, 84, 100, 101 and 123 of the representation of the people act, 1951 (for brevity, the act of 1951 ), seeking a declaration that the election of the appellant was void and, in consequence, to declare him duly elected.4. the .....
Tag this Judgment!Court : Jharkhand
..... of his conviction in a criminal case, the hon'ble supreme court in the case of krishnamoorthy (supra) after dealing with the relevant provisions of section 123 of representation of peoples act, 1951 and also other relevant provisions of the act of 1951 and the precedents on the point, held that if the candidate has the special knowledge of ..... of specific requirement of law under section 543(1)(a) of the act of 6. 2011 read with section 586(b) and parameteria provisions of section 123 of representation of people act, 1951 and in the light of what has been held by the apex court in the case of krishnamoorthy (supra), leaves no room of doubt that ..... . section 586(b) has been relied upon by the counsel for the respondent which spells that undue influence as defined in clause (ii) of section 123 of representation of the people act, 1951 would be treated as corrupt practices. learned counsel for the respondent commission submits that the hon ble supreme court in the case of krishnamoorthy (supra) .....
Tag this Judgment!Court : Delhi
..... vice-president; the election commission. 13.we may also notice here certain acts passed under this entry, which are as follows: a) the representation of the people act, 1950; b) the representation of the people act, 1951; c) the delimitation act, 1972; d) the presidential and vice-presidential elections act, 1952; and e) some portions of ..... an elector."4. validation.-- notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, the provisions of the representation of the people act, 1951 (43 of 1951), as amended by this act, shall have and shall be deemed always to have effect for all purposes as ..... justice hon'ble mr. justice manmohan judgment n.v. ramana, chief justice:1. the present writ petition has been filed challenging the constitutional validity of the representation of the people (amendment and validation) act, 2013 (for short, impugned amendment and validation act, 2013) as being ultra vires the constitution of india (for short, the .....
Tag this Judgment!Court : Supreme Court of India
..... 8th respondent acceptance of the improper nomination of forum-26 application as contemplated despite the fatal omission of blank column under section 100 (1) (d) (i) of representation of the people act, 1951 of the two sets of affidavits of the respondent no.1 kept in blank at column no.8 (b) (iii), where the words stand of ..... of the election petition. the grounds have been articulated in paragraph 11 which reads thus: grounds ignored the 8th respondent has the a). whether constitutional spirit of representation of the people act (act 43 of 1950) and act 43 of 1951 with allied acts, rules, orders, model code of conduct for guidance of candidates supplied by the ..... the election of respondent no.1 on the ground that respondent no.1 had grossly violated several instructions issued by the election commission as also the provisions of the representation of the people act, 1951 (for short, the act ). respondent no.1, in turn, took out two applications seeking to strike out paragraphs 2 & 9 to 11 .....
Tag this Judgment!Court : Supreme Court of India
..... is submitted by some of the parties herein that the reasoning in the above judgment is flawed as it has not considered various provisions of the representation of the people act, 1951. it was also submitted that the judgment incorrectly implies that the directive principles of state policy can override the fundamental rights under part ..... in s. subramaniam balaji (supra), this court was called upon to determine whether pre election promises amounted to corrupt practices under section 123 of the representation of the people act, 1951. the court in that case held that such promises do not fall within the ambit of corrupt practices as specified under section 123 of the ..... representation of the people act, 1951, and issued directions to the election commission of india regarding framing of certain guidelines, in the absence of any legislative enactment covering .....
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