Court : Mumbai
Reported in : 1997(3)BomCR110
..... to an election is conferred by the statute namely representation of people act, 1951. it is a statutory right. that right can be exercised within the parameters of law. that law namely section 81(3) provides as to ..... the elections of the respondents on the ground of corrupt practices committed by the returned candidates.7. in view of proviso to section 83(1) of the representation of the people act, 1951 an affidavit is filed by the petitioners in support of the allegations in the petitions making allegations of corrupt practices.8. mr. v.r. ..... the petitioner proves the corrupt practices. we must also bear in mind that this is an action in common law. it is well settled that in common law people have no right to challenge the validity of an election. similarly, there is no fundamental right or other right under the constitution to challenge an election. the challenge .....
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)702; 1998CriLJ1376
..... was afforded to him, can be only to the government which has the power to approve or to revoke. therefore, the question of any delay in deciding the representation does not arise. see veeraman v. state of iw. : 1995crilj2644 and amin mohammed qureshi v. commissioner of police, greater bombay : 1994crilj2095 .in the result, ..... the maharashtra prevention of dangerous activities of slumlords, bootleggers. drug offenders and dangerous persons act, 1981 (amendment 1996). you have struck terror in the minds of people living and carrying out their daily avocation in the areas of hanuman tekadi, golibar, vakola, kadamwadi and areas adjoining thereto in santacruz (east) in the jurisdiction ..... sword, knife and chopper. several incidents which took place between september, 1996 to january, 1997 in which the detenu along with his associates assaulted and intimidated people in the locality and tried to extract large sums of money have been mentioned. in paragraphs 4(a) to 4(a)(x) of the grounds of .....
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 .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... from this point onwards, things started going into top gear.93. from this point onwards, there was only one direction in which the case moved. the representation dated november 20, 1995 travelled with speed unprecedented, that too in the department dealing with land. fax messages flew back and forth. the additional chief secretary ..... in the name of the governor, each minister is personally and collectively responsible for the actions, acts and policies. they are accountable and answerable to the people. their powers and duties areregulated by the law and the rules. the legal and moral responsibility or liability for the acts done or omissions, duties performed ..... the act shows that the legislation was enacted so that the development of certain areas should be regulated for ensuring sanitary conditions, amenities andconvenience to the people in the area falling within the town planning scheme postulated thereunder.(b) chapter-i of the act which contains the fasciculus of sections 1 to 7 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom223; 2000(2)ALLMR155; 2000(1)MhLj264
..... that there must be clear, unequivocal, evidence to prove that undue influence was brought on the voters. but, all those rulings are with respect to the provisions under the representation of the people act, 1951, where causing undue influence happens to be as per the provisions of section 173 of the indian penal code; and a criminal offence, and, therefore, it is .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR146; 2000(4)BomCR103; (2001)4BOMLR516a; 2000(2)MhLj249
..... both cited supra).15. in dr. anup singh's case, : [1965]1scr38 , a five judges bench of the apex court consider rule 73(2)(d) of the representation of people (conduct of elections and election petitions) rules 1951. in their discussions on the issue, their lordships placed reliance on english and australian cases with reference to woodward's case, ..... )-----;to-----;(j)-----.it can be seen that this rule is pari materia to rule 73(2)(d) of the conduct of election rules, 1961 framed under the representation of people act (43 of 1951). in the course of arguments, the learned counsel for the petitioner as well as the respondents have extensively relied upon the two cases ..... submitted that rules 55(2)(a) of the election rules is pari materia to rule 73(2)(d) of the conduct of election rules, 1961 framed under the representation of people act, 1951. shri madkholkar submitted that while considering the said rule, the apex court in the case of km. shradhadevi v. krishna chandra pant and others, : .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR660; 2002(5)BomCR653
..... from the order passed in a.o. (stamp) no. 522 of 2001. they knew that the property was acquired by the state and yet gave a false representation in their undertaking along with application which was entertained by the repair board against the interest of lawful authority viz. the state government. they obtained consent letters without ..... mr. sachin ahir whose role in this matter has been far from satisfactory and in conflict with the state policy. maharashtra and mumbai is not short of competent people, particularly those from the areas of town planning, administration and architecture, who ought to be at the helm of affairs in such organisations. it is undoubtedly for ..... large housing complexes in different parts of the city such as worli, bandra, andheri, goregaon, kurla, vikhroli, just to mention a few areas where lakhs of people have been staying. power under section 41 has to be utilised for such schemes to provide housing to larger sections of society. at least that is the direction .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)MhLj392
..... not inclined to impose any costs on the petitioner.34. under the circumstances, the election petition is dismissed under the provisions of section 86 of the representation of the people act, 1951 for non-compliance of the provision of section 81 as the election petition is barred by limitation. under the circumstances there shall be no ..... the apex court in the case of chandrakant shukla v. maharaja martand singh, reported in : air1973sc584 has held as follows :'section 81(1) of the representation of the people act, 1951, provides that an election petition calling in question any election may be presented on one or more of the grounds specified in sub-section (1 ..... stand as a candidate for election and the entire procedure in relation thereto are created and determined by statute. accordingly, when section 66 of the representation of the people act, 1951 provides that the result of the election shall be declared in the manner provided by the act or the rules made thereunder, the declaration .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ARBLR192(Bom); 2004(5)BomCR311; [2004(101)FLR926]; 2004(3)MhLj199
..... not excluded? the apex court in hukumdev narain yadav v. lalit narain mishra, reported in : [1974]3scr31 , while dealing with the matter arising out of election petition under the representation of the people act, 1951 and the issue pertaining to the applicability of the limitation act, 1963 to such cases, held thus :--'even assuming that where a period of limitation has not .....
Tag this Judgment!