Court : Madhya Pradesh
Reported in : AIR1964MP92; 1964MPLJ160
..... respondent no. 1 did commit the corrupt practice falling under section 123(6) of incurring or authorising of expenditure in contravention of section 77 of the representation of the people act 1951. the expenses permitted according to maximum limit is rs. 7000/- while the respondent no. 1 has shown the amount of rs. 6008.26 ..... and for furtherance of his election prospects ?(b) if so, whether the respondent no. 1 was guilty of corrupt practice under section 123(7) oi the representation of the people act? its effect?' the tribunal held that admittedly roshanlal was appointed by the respondent-bipinlal as his polling agent for booth no. 22 of waraseoni. it ..... prospects of his election. it is denied that the conduct of the answering respondent amounts to corrupt practice envisaged under clause 7 of section 123 of the representation oi the people act.'on these pleadings, the tribunal framed the following two issues:'4. (a) whether the polling agent roshanlal was patel and mukaddam at any material .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP167
..... conseauentlv, issues 13, 14 and 15 are struck off. and the aforesaid issues are decided accordingly.23. this is an election petition under section 81 of the representation of the people act. 1951 (hereinafter called the act), by shri bharatendra sinah. a voter of rajnandeaon parliamentary (lok sabha) constituency, against respondent no. 1, shri ram sahai ..... have been duly elected, virtually it becomes an election petition as he has to deposit the security referred to in sections 117 and 118 respectively of the representation of people act 1951, section 100 deals with the grounds for declaring the election to be void. clause (d) (iv) of this section deals with any non ..... to such authority and in such a manner as may be provided for by or under any law made by the appropriate legislature. section 80 of the representation of people act, 1951, clearly provides that no election shall be called in question except by an election petition presented in accordance with the provisions of this part .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP168
..... his election agent or persons acting with the consent of such candidate or his election agent, and by non-compliance with the provisions of the constitution or of the representation of the people act, 1951 (hereinafter referred to as the act) or of rules and orders made under the act.4. in setting up his case against the returned candidate shri kamath .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP109
..... permissible that the legislature realising the difference between the two classes of cases has given legislative sanction to the view by amending section 100 by the representation of the people (second amendment) act, 27 of 1956, and by going to the length of providing that an improper rejection of any nomination paper is conclusive ..... oh the first occasion, it enjoins that the notice shall contain such particulars as may be prescribed. these particulars are prescribed by rule 9 of the representation of the people (conduct of election and election petitions) rules, 1956, and the form prescribed is form no. 5. the form requires the returning officer to endorse ..... exists for determination. of the remaining candidates one other candidate, by name shri brij narain, sent a notice of withdrawal under section 37 of the representation of the people act (hereinafter the act) through one ram swarup verma on 3rd february 1957. the notice of withdrawal was accepted by the returning officer who caused .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP58
..... another case. we refer to air 1954 sc 513. there the supreme court had to consider an identical question. one of the candidate stood disqualified under the representation of the people act and the result of the poll is to be found at page 514 of their lordships' judgment. in dealing with the matter, their lordships referred to ..... would have to say that though an appeal has been provided for there is no express mention that a cross-objection lies. but there is provision in the representation of the people act which clearly shows that in the disposal of appeals all the powers, jurisdiction, etc., which the court exercises in disposing of an original civil appeal are ..... are quite clear, and indeed the law is well settled, that an election dispute can only be conducted and tried in accordance with the provisions of the representation of the people act and the rules made thereunder. there is no general power which the courts can exercise in these matters and the provisions of that law have to be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP306; 1963MPLJ570
..... vidyacharan shukla respondent no. 1 -- the successful candidate to the loksabha from mahasamund constituency is void for corrupt practices coming under section 123(4) of the representation of the people act; of 1951. he shall pay the appellant costs of this appeal which we assess at rs. 300-00 (three hundred) subject to the usual ..... that candidate's election, and the candidate publishing such statement would be guilty of acorrupt practice within the meaning of section 123(4) of the representation of the people act.'on the other hand, an allegation that gangs of dacoits are canvassing for a particular candidate may not be an allegation against personal character ..... has been expressly excluded, which is altogether wrong, there being no exclusion whatsoever either in section 116a , or in any other section of the representation of the people act of 1951. the rulings cited by the respondent indicate that he is really thinking of cases where the principles of limitation applicable are contained in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP23
..... not an order passed at the conclusion of the trial when it, in fact, concludes the trial.'7. shri sen urged that the explanation which was added by the representation of the people (amendment) act, 1958 (no. 58 of 1958) on 30-12-1958 under sub-section (3) or section 90 of the act made it clear that only if the application ..... bhargava, j. 1. this appeal under section 116a of the representation of the people act, 1951, (hereinafter called the 'act') arises out of an election petition filed by the appellant amichand before the election commission, new delhi, in which he prayed that the electron .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP116; 1977MPLJ227
..... as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in parliament and in the legislature or legislatures of the state or states affected by such law) as parliament may deem necessary (2) no such law as ..... under the scheme of the states reorganisation act it was intended that the facility of having a high court at indore and gwalior which was available to the people of these areas from before was maintained and it was in pursuance of that that immediately temporary benches were constituted which ultimately were made permanent by the ..... the idea of continuing the facility of a high court at places (where) there was a high court before especially in the context of the convenience of the people, has further been demonstrated by parliament in the bombay reorganisation act, 1960. section 41 of that act provides:'41. permanent bench of bombay high court at nagpur .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ284
..... affairs of the nation, is neither fundamental nor constitutional right, but is merely statutory right and is subject to limitations prescribed in the relevant statute, namely, the representation of the people act, 1951. popular mandate expressed at the hustings is not to be lightly interfered with is also a salutary principle stressed importantly and repeatedly. (see n. ..... and p. nalla thampy, air 1984 sc 135).8. there is, however, an important distinction to be noted in respect of election held under the representation of the people act because of the constitutional bar envisaged under article 329(b) by which the remedy of an election petition contemplated under that act is envisaged as having ..... given ballot papers with brown bar intended for the state assembly instead of ballot papers with green bar which were to be used for house of the people and according to the said rules, 'a ballot paper contained in a ballot box shall be rejected if it appears in serial number or mark different .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP340; 1990MPLJ556
..... ) of the m.p. municipalities act, 1961 and section 17(1)(a) and (h) of the m, p. municipal corporation act, 1956, and above all section 9 of the representation of the people act, 1951. in all these enactments, the disqualification attaching to a person, otherwise eligible, to contest an election on account of his dismissal from government service ceases after certain .....
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