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 : 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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H516
..... the facts of the case which have been fully stated in the judgment of my learned brother. it is equally unnecessary to reproduce section 123(1)(6) of the representation of the people act which concerns us in this case, because it has also been produced, so far as relevant, in the said judgment.12. the word 'gratification' has, ..... another class of candidates that is a candidate who retired from the contest. this was provided in section 55a which has, however, been repealed by section 22 of the representation of the people (amendment) act, 1958 (act 58 of 1958). these are the four classes of candidates referred to in the act. all duly nominated candidates who have not withdrawn ..... at the last elections, has been dismissed by the learned tribunal by its order of october 29, 1962, under sub-section (3) of section 90 of the representation of the people act, 1951 (act 43 of 1951) on the ground of non-compliance with section 82 in that shri jai singh and shri zila singh were necessary parties under .....
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 : Punjab and Haryana
Reported in : AIR1973P& H163
..... placed on observations in the halsbury's laws of england based on statutory provisions in the english laws. the act is principally based on the english representation of the people act, 1949. the fact that the parliament while incorporating all necessary and relevant provisions from the english act mutatis mutandis in the indian act deliberately ..... as a party under the provisions of the civil procedure code which are expressly made applicable, to the trial of election petitions subject to the provisions contained in the representation of the people act and the rules made thereunder.'68. same view was taken by the election tribunal, bombay, in (1951)1 ele lr 194, where it was ..... created and tribunals are constituted for the trial of election petitions.' (see harish chandra v. triloki singh, air 1957 sc 444, and section 86(7) of the representation of the people act, 1951). (5) 'the true scope of the limitation enacted in section 90(2) (now section 87(1) ) on the application of the procedure .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H431
..... as the first respondent secured 19570 votes, that is, 108 votes more than the petitioner. the petitioner has also claimed a declaration under section 101 of the representation of the people act, 1951 that the petitioner be declared to have been duly elected. in the circumstances detailed hereinafter, it is not necessary to travel into the merits of ..... and also under the verification, it should be held that there has been substantial compliance with the requirements of sub section (3) of section 81 of the representation of people act, 1951 (hereinafter called the act) was left over to be decided after seeing the duplicate copy of the petition served on the respondent. at the joint ..... these preliminary issues referred to rule 12 of the 'rules of procedure and guidance in the matter of trial of election petition under part vi of the representation of the people act, 1951 as amended' which have been framed by this court and which have been published in chapter 4 part-gg of volume v of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1987P& H263
..... brundaban nayak had incurred a disqualification subsequent to his election under article 191(1)(e) of the constitution, read with section 7 of the representation of the people act 1951. on 10th september 1964, the chief secretary to the government of orissa alleging that the appellant brundaban nayak had incurred a disqualification ..... subsequent to his election under article 191(1)(e) of the constitution, read with section 7 of the representation of the people act 1951. on l0th september 1964, the chief secretary to the government of orissa alleging that the appellant brundaban nayak had incurred a disqualification ..... subsequent to his election under article 19(1)(e) of the constitution, read with section 7 of the representation of the people act 1951. on l0th september 1964, the chief secretary to the government of orissa forwarded the said complaint to the election commission of india .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1991P& H231
..... petition infirm.'in that case the question related to issuing of a leaflet by the candidate involving corrupt practice as defined in section 123(7) of the representation of the people act, the allegation was that the facts stated in the leaflet were false. the supreme court observed as under (at p. 1735 of air 1990 sc ..... which was addressed by the governor calling upon the persons present to support the respondent.14. reading of section 123(7) read with section 100 of the representation of the people act, the petitioner is required to allege and prove the corrupt practice, as defined therein, committed either by the respondent or by his agent with his consent ..... the election petition without trial or the petitioner can be called upon to furnish further particulars of the corrupt practice alleged under section 86(5) of the representation of the people act which reads as under:--'the high court may, upon such terms asto costs and otherwise as it may deem fit, allow the particulars of any .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H66; (1994)106PLR325
..... non-compliance of the provisions of rule 12(f), chapter 4-gg of the high court rules and orders, vol. v and section 81(3) of the representation of people act? opr (3) whether the petition does not disclose any cause of action? opr 4) relief.' issues nos. 2 and 3 were treated as preliminary ..... held in february, 1992, has challenged the validity of the election of sh. gurcharan singh, the returned candidate, through this election petition filed under s. 80 of the representation of people act, 1951 (for short, the act), on twin grounds, viz., (i) booth capturing; and (ii) incurring expenditure in contravention of the provisions of section 77 ..... the consent of the returned candidate or his election agent. section 123 mentions the corrupt pratices. the representation of the people act, 1950 and the representation of the people act, 1951 were amended by act no. 1 of 1989 called the representation of the people (amendment) act, 1988. section 123 of the act was amended and after clause (7) andbefore .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR141
..... been cognisant of the law laid down by the supreme court on the question of inspection/recount of the ballot papers in the context of the provisions of the representation of the people act, 1951 and various other statutes. it must be presumed to be aware of the fact that the supreme court has time and again laid down the principles which .....
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