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 : Mumbai
Reported in : AIR1965Bom217; (1964)66BOMLR784; ILR1965Bom184; 1965MhLJ146
..... of other cases which took the view that the result of the election was materially affected. some of these cases related to the interpretation of section 100 of the representation of the people act. the material portion of that section in terms requires it to be established that the result of election, in so far as it concerned the returned candidate, had ..... of the judge in such manner as he may determine'.sub-section (6) with certain variations adopts the definitions of corrupt practices as specified in section 123 of the representation of the people act. then again sub-section (7), which is material, is as follows;'if the validity of any election is brought in question only on the ground of an error .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom356
..... motion, the following issue was directed to be tried as a preliminary issue:'whether the petition is liable to be dismissed under the provisions of section 86 of the representation of the people act, 1951, read with section 82(b) of the said act on account of the failure of the petitioner to join prof. sadanand varde as a party to the ..... rs. 75,910 and rs. 66,260 respectively for their election and thus exceeded the maximum limit of rs. 35,000 as laid down in section 77 of the representation of the people act, 1951 (hereinafter referred to as 'the said act') and that by doing so respondents nos, 1 and 2 have committed a corrupt practice under section 123(6) of .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(3)BomCR185
..... that must be regarded as a decision of the high court irrespective of the fact whether that decision was on merits or otherwise. this court also held that the representation of the people act does not provide for a remedy of review. this court, therefore, rejected the prayer of jagannathbhau patil. i fail to appreciate as to how the ratio laid in ..... of this assurance he gets some time to vacate, it amounts to estoppel. in fact estoppel contemplates three things; (1) the assurance of representation made by the party (2) the other party relying upon the truthfulness of this representation must act and (3) that act must result in prejudice to the other party so acting thereupon. in the present case, the respondent .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR649; 1991(1)MhLj81
..... declared to be duly elected. it is common ground that the first respondent has not till today filed a recrimination as contemplated under section 97 of the representation of people act. it may be convenient to reproduce section 97 which reads as follows :-'when in an election petition a declaration that any candidate other than the ..... of andheri constituency. this respondent relies upon the same when produced. the said video cassets were objectionable inasmuch as it offended the various provisions of the representation of peoples act in the sense that it sought to make an appeal in the name of religion.6. this respondent submits that the petitioner is one of the ..... to challenge the validity of the petitioner's election on the ground inter alia that he is guilty of corrupt practices. since section 97 of the representation of peoples act bars the first respondent from leading evidence in this behalf the averments contained in the aforesaid paragraphs are liable to be struck off.4. shri vashi .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR357
..... ?8. whether the election agent or any other agent of the respondent has committed any of the corrupt practices as defined in section 123(2) of the representation of people act, 1951 as alleged in the petition?9. whether any other person with the consent of the respondent and/or his election agent has committed any of the ..... defined in section 123(3) of the representation of people act, 1951 as alleged in the petition ?3. whether any other person with the consent of the respondent and/or his election agent has committed any of ..... the evidence hereunder.4. the following issues were framed :1. whether the respondent has committed any of the corrupt practices as defined in section 123(3) of the representation of people act, 1951; as alleged in the petition ?2. whether the election agent or any other agent of the respondent has committed any of the corrupt practices as .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR53; (1995)97BOMLR867
..... his election agents and/or any other person with the consent of the first respondent, have committed corrupt practices within the meaning of the provisions of the representation of the people act, 1951, (hereinafter referred to for the sake of brevity as 'the said act'). the petitioner is also challenging the order of the returning officer ..... further issue was raised as issue no. 1-a :'whether the petition is not maintainable and is liable to be dismissed under section 86(1) of the representation of people act for non-compliance of statutory requirements as contained in section 82(b) of the said act for non-impleading mr. subhash martand parkar duly nominated candidate ..... other persons with the consent of the first respondent or his election agent has committed any of the corrupt practices as defined in section 123(3) of the representation of people act, 1951 as alleged in the petition? issue no. 6 : whether the election agent or any other agent of respondent has committed any of the corrupt .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR74; (1996)98BOMLR218
..... that for want of particulars of corrupt practices, the petition is not maintainable and liable to be rejected at the threshold.section 83(1)(b) of the representation of the people act, 1951 reads as follows :---'83. contents of petition---(1) an election petition---(b) shall set forth full particulars of any corrupt practice that the ..... that though particulars are lacking in the election petition, he will furnish it by filing an application for amendment and placed reliance on section 86(5) of the representation of the people act, which no doubt provides for amendment of an election petition. he also relied on : [1971]1scr8 d.p. mishra v. kamal narayan sharma and ..... view of my conclusion that the election petition does not contain the necessary particulars as per the mandatory provisions of section 83(1)(b) of the representation of the people act, the election petition has to fail.there is also no sufficient material to show as to how the respondent's election has been materially affected .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR110; 1998(3)BomCR139
..... of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision were in respect of the disqualification for voting also.' representation of the people act, 1950.'16. disqualifications for registration in an electoral roll. (1) a person shall be disqualified for registration in an electoral roil if he- (a) ..... petitioner, has drawn our attention to section 11-a of the 1951 act and section 16 of the 1950 act. they are reproduced hereinbelow for ready reference.representation of the people act, 1951.'11-a. disqualification arising out of conviction and corrupt practices. (1) if any person, after the commencement of this act,-- is convicted ..... and the resultant disqualification of the petitioner were concerned, the judgment of this court was upheld by the supreme court.3. section 8-a of the representation of the people act, 1951 (for short, hereinafter referred to as the '1951 act') pertains to the disqualification of a member of parliament or state legislature on the .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR263; 2000(5)BomCR106; 2000BomCR(Cri)106; 1999CriLJ1224
..... . 6 has made false statements and has thereby committed breach of code of conduct or has indulged in corrupt practices, as described under section 123 of the representation of the people act, 1951, are without any substance.19. the main bone of contention of the petitioner is that the respondent no. 6 made a statement in public ..... petitioner has contended that these statements by the respondent no. 6 amount to offence under the indian penal code and corrupt practices under section 123 of the representation of the people act, 1951.9. the petitioner has contended that this statement offering the post of deputy chief minister was made by the respondent no. 6 to gain ..... commission of offences covered by chapter ix-a of indian penal code. these activities also amount to corrupt practices within the meaning of section 123(3) of the representation of the people act, 1951. on account of this, the respondents nos. 1 to 5 and 7 ought to have taken action against respondent no. 6. the petitioner .....
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