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!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 : Allahabad
Reported in : AIR1953All633
..... party 4.7. on the date of the nomination as many as nine candidates were nominated. among them was one ganga prasad. he survived his scrutiny under section 36, representation of the people act, 1951, (hereinafter called the act), but withdrew his candidature under section 37 of the act on the date fixed under clause (c) of section 30. the question that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC210; (1954)IMLJ480(SC); [1954]1SCR892
..... 17. mr. chatterjee, the learned counsel for the appellant, drew out attention to certain decisions given by the different election tribunals constituted under the representation of the people act, 1951, in support of his contention. on a careful perusal of the different decisions given by the various election tribunals it appears that there ..... in this appeal it was intended before us that the election tribunal was not a court of general jurisdiction, that it was established by the representation of the people act, 1951, for the special purpose of trying election petitions, that its jurisdiction was derived from the statute upon certain specified terms and conditions ..... impleaded as respondents, brahma sarup, ram prashad poddar and the appellant, jagan nath, but he omitted to implead, as required by section 82 of the representation of the people act, 1951, baijnath, one of the candidates, whose nomination had been accepted but who had withdrawn his candidature subsequently. 3. on the 14th july, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC610; [1955]2SCR428
..... were vague, said as follows : 'the petitioners are prepared to give further particulars if the tribunal is pleased to permit under section 83(3) of the representation of the people act'. 14. this reply was filed on the 16th october, 1952, which is the very date on which the first of the above orders extracted from ..... them to vote for himself at the ensuing election. respondent no. 1 was guilty of bribery within the meaning of that term in section 123 of the representation of the people act. similar instances of giving illegal gratifications for securing votes of respective groups are - (a) donation to hariharpeth akhada; (b) payment to panch-bungalow ..... the other three candidates who, having been validly nominated went to the polls but were defeated. the appellants filed the election petition under section 80 of the representation of the people act, 1951 (act xliii of 1951) (hereinafter referred to as the act) for setting aside the election on various allegations. the petition was filed on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All858
..... challenging the validity of the election of the second respondent on a number of grounds. the petition was presented to the election commission which under section 86 of the representation of the people act (hereinafter called the act) referred the petition to an election tribunal at allahabad and informed the parties that the petition would be heard on 22-7-1957. on ..... harish chandra bajpai v. triloki singh, 12 el lr 461: ((s) air 1957 sc 444) (a), the supreme court on a consideration of the representation of the people act, 1951, prior to its amendment by the representation of the people (amendment) act, 1956, (act 26 of 1956) held that 'trial means the entire proceedings before the tribunal from the time when the petition is .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom397; (1958)60BOMLR353; ILR1958Bom732
..... . but, in our view, what has been stated in that case with regard to election, may well apply to an election contemplated under the representation of the people act, 1951.9. the principal question which arises for decision is as regards the proper construction of the i expression 'all the contesting candidates' ..... according to the second respondent, materially affected the result of the election. further, he complained of non-compliance with the provisions of the constitution, the representation of the people act, 1951, and the rules and the orders made thereunder. the second respondent', therefore, claimed a declaration that the said election of the petitioner ..... withdrew his candidature before the date fixed for withdrawal and then the returning officer published a list of contesting candidates under section 38 of the representation of the people act. there is ho dispute that that list included the names of the petitioner, the second respondent and two other candidates viz., mahomed .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H452
..... of the armed forces.in this manner, shri baru rain was guilty of a corrupt practice within the meaning of sub-section (7) of section 123 of the representation of the people act, 1951. the fact that shri puran singh was employed in the armed forces is now not in dispute, although - originally in the written statement this ..... referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the representation of the people act, 1950 (43 of 1950).(8) immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the ..... the constituency, in which shri jai bhagwan was said to be an elector, had not been filed as required by sub-section (5) of section 33 of the representation of the people act, 1951. shri jai bhagwan, it seems, asked for some time to produce the copy and the returning officer allowed him two hours' time. the copy, however .....
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 : Punjab and Haryana
Reported in : AIR1959P& H257
..... the petitioner cannot be permitted to correct the verification of the petition at this stage? 2. whether all the necessary particulars required under section 83 of the representation of the people act have been supplied by the petitioner in his allegation regarding corrupt practices contained in para no. 9-b of the petition? 3. if issue no. ..... by the tribunal. with respect to issues nos. 2 and 3 the learned tribunal observed that all the necessary particulars required under section 83 of the representation of the people act had not been supplied by the petitioner, but it held that the petitioner could be allowed to amend his petition only for the purpose of supplying ..... order xvii, rule 3, civil procedure code, in terms are not applicable to the trial of election petitions it is true that under section 90 (1) of the representation of the people act (act xliii of 1951) every election petition has to be tried by the tribunal as nearly as may be in accordance with the procedure applicable under .....
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