Court : Karnataka
Reported in : AIR1968Kant198; AIR1968Mys198; (1967)1MysLJ621
..... of section 44 of the act it is obvious that the state legislature has adopted the same qualifications for being an elector as are prescribed by the representation of the people act, 1950. the denial of the right to an indian citizen must be well grounded and that ground must necessarily bear an intelligible relationship with the ..... could be disqualified for registration he should have been so declared by a competent court.(7) the absence of a provision disqualifying a leper in the representation of the people act, 1950 is by itself not sufficient to hold that no disqualification's can be prescribed by a state legislature because, under entry 5 in list ..... the electoral roll.(6) reference to the electoral roll for assembly constituency in section 44(1) renders it necessary to refer to the relevant provisions of the representation of the people act, 1950 (central act 43 of 1950) which deal with the qualification for inclusion in the electoral roll. under the provisions of that act, every person .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2002Kant397
..... and void; (b) that first respondent has committed corrupt practices under sections 123(2) and 123(6) read with sections 100(1)(b) and 100 (1)(d)(ii) of representation of the people act, 1961 (hereinafter referred to as 'the act'); (c) that section 61 (a) of the act and the rules under chapter ii of conduct of election rules, 1961 as .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori26
..... therefore, the election petition under section 81 presented by the appellant was fundamentally detective on account of non-compliance with the provisions of section 117 of the representation of the people act, 1951 as it stands amended by central act 27 of 1956. the defect is fatal and the tribunal had the only option to dismiss the ..... merits of the alleged grounds of the election petition?(iii) whether the election petition complied with the provisions of s. 81 or section 117 of the representation of the people act?(iv) whether the election tribunal was right in dismissing the election petition under section 90(3) of the act by reason of non-compliance with ..... tribunal was pleased to frame a preliminary issue to the following effect:'does the petition not comply with the provisions of sections 81 and 117 of the representation of the people act and is therefore liable to be dismissed?' accordingly he heard both parties and allowed them to adduce evidence; and by his order dated 25-9- .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori174
..... the costs of this proceeding. r. c. patnaik, j.16. challenge to the vires of the explanations inserted to section 77, representation of the people act, 1951, by the representation of the people (amendment) act, 1974, though attractive on an idealistic plane was given a burial in indira gandhi's case, air 1975 sc ..... to the candidates against whom election petitions are pending, it became urgently necessary to clarify the intention underlying the provisions contained in section 77, representation of the people act, 1951, namely, that in computing the maximum amount under that section any expenditure incurred or authorized by any other person or body ..... expenses for a parliamentary constituency and an assembly constituency in respect of various states and the union territories. clause (6) of section 123, representation of the people act has specifically included the incurring or authorizing of expenditure in contravention of section 77 as a corrupt practice, which, if established, would not .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H152
..... the punjab legislative assembly electoral rules, 1936. rules 17 to 21, part e, chaptei iii, were pari materia with sections 109 and 110 of the representation of the people act and were as follows:'(17) an election petition may be withdrawn only by leave of the commissioner or, if an application for withdrawal is made before ..... are concerned they are quite different from those in the present case. there, the petitioner had omitted to implead, as required by section 82 of the representation of the people act, 1951, one of the candidates whose nomination had been accepted but who had withdrawn his 'canclidature subsequently. on an objection being taken, the tribunal ..... effectively to prosecute this petition and incur any further expenses and, therefore, wished to withdraw the main petition. as required by section 109 of the representation of the people act, 1951, the same was directed to be published in the official gazette and the case was adjourned till today for the decision of the leave .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC64; (1952)IMLJ775(SC); [1952]1SCR218
..... to be presented after the election is over, and there is no remedy provided at any intermediate stage. 20. it was argued that since the representation of the people act was enacted subject to the provisions of the constitution, it cannot bar the jurisdiction of the high court to issue writ under article 226 of ..... really a code in itself providing the entire ground work for enacting appropriate laws and setting up suitable machinery for the conduct of elections. 16. the representation of the people act, 1951, which was passed by parliament under article 327 of the constitution, makes detailed provisions in regard to all matters and all stages connected with ..... court under article 226 of the constitution for the following reason - scrutiny of nomination papers and their rejection are provided for in selection 36 of the representation of the people act, 1951. parliament has made this provision in exercise of the powers conferred on it by article 327 of the constitution which is 'subject to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622
..... for a parliamentary constituency and an assembly constituency in respect of various states and the union territories. clause (6) of section 123 of the representation of the people act has specifically included the incurring or authorizing of expenditure in contravention of section 77 as a corrupt practice, which, if established, would not ..... the candidates against whom election petitions are pending, it became urgently necessary to clarify the intention underlying the provisions contained in section 77 of the representation of the people act, 1951, namely, that in computing the maxi mum amount under that section any expenditure incurred or authorized by any other person or ..... political parties should be further strengthened in the manner indicated by it in paragraph 13.18.11. in england, before the passing of the representation of the people act, 1949, the view had been expressed that expenses incurred without the authority of the candidate or election agent for promoting or procuring the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1352; JT1990(3)SC145; (1990)3SCC612; 1990(1)LC657(SC)
..... no.1 were found therein, but the officers omitted the name of the respondent no, 1 from f.i.r. and permitted his people to escape. the petitioner has not filed any supporting document to show that any representation was actually sent to the excise superintendent as claimed. on the other hand when a complaint was lodged with the election observer on ..... the respondent no. 1 on 28.2.1985. the registered numbers of the vehicles seized by the police have been mentioned as being in the service of the respondent. a representation is said to have been sent by the petitioner to the excise superintendent. according to the further story, when the vehicles were seized on the 4th of march, 1985, election ..... orderlalit mohan sharma, j.1. this appeal under section 116a of the representation of the people act, 1951 is directed against the judgment of the andhra pradesh high court under section 98 of the said act dismissing the election petition filed by the appellant, challenging the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALT160
..... as meaning the entire proceedings before the tribunal from the time when the petition is transferred to it under section 86 until the pronouncement of the award. refer representation of the people act, 1951, section 90. harish chandra bajpal v. triloki singh : [1957]1scr370 .the hearing of a cause, civil or criminal, before a judge ..... provision of any statute. om prakash shivaprakash v. kikuriakose : 2000crilj26 .the true meaning and purpose of the expression 'trial'. heading of chapter 111 of the representation of the peoples' act, 1951, is trial of election petitions' sub-section (1) of section 86 empowers the high court to dismiss an election petition if the same ..... clear that notwithstanding the amendments effected by act 26 of 1956 the word 'trial' in section 90(2) still means the entire proceedings before the tribunal. refer representation of people act, 1951 section 90, mubarak mazdoor v. k.k. banerji : air1958all858 .the term 'trial' cannot be given a fixed meaning to be applied in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All511
..... of the rival candidate or that the result of the election was materially affected by improper rejection of nominations. reference may be made to section 100, representation of the people act of 1951 in order to find a comprehensive lists of matters which might be adjudicated upon by the tribunal. most of the matters mentioned therein no ..... their powers defined. it has to he determined what are elections offences and what are limits of election expenses. a reference to the various provisions of the representation of the people act (xliii [43] of 1951] will show the wide range that has to be covered before elections can actually take plane. it was to enable parliament ..... district of bahraich. he is enrolled as a voter in another constituency known as bahraich west and his case was governed by sub-section 6 of section 33, representation of the people act (xl ii [43] of 1951) which provides that : 'if at the time of presentation of the nomination paper the returning officer finds that the .....
Tag this Judgment!