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 : 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representation of the people act, 1951, baijnath, one of the candidates, whose nomination had been accepted but who had withdrawn his candidature subsequently. 3.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 : Supreme Court of India
Reported in : AIR1964SC1099; [1964]6SCR129
..... the course of my judgment. it would be convenient at the outset to read the relevant provisions of the act and those of the limitation act. 20. the representation of the people act, 1951. 21. decision of the tribunal : section 98. at the conclusion of the trial of an election petition the tribunal shall make an order :- ..... art. 156 in the calcutta and madras decisions to which we have referred were upheld, there could be no controversy that an appeal under s. 116a of the representation of the people act would be 'under the code of civil procedure', for s. 166a(2) enacts, to read the material portion : '116a. (2) the high court ..... article 151and article 153.------------------------------------------------------------------------ 7. the argument was that though the right of appeal in the case before us was conferred by s. 116a of the representation of the people act and it was by virtue thereof that the appeal was filed by the respondent to the high court, it was still an appeal 'under the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC628; [1965]1SCR116
..... would justify an inference that the office of the registrar of the high court was misinformed, as the advocate was, as to the statutory requirements imposed by the representation of the people act in the matter of deposit of security for costs of the appeal. if the memorandum of appeal had not been accepted by the registrar's office, because ..... been preferred by the appellant. 2. the facts bearing on the plea which has found favour with the high court of rajasthan and the relevant provisions of the representation of the people act in force at the material time may be briefly stated. section 119a of the act which was added by s. 64 of act 27 of 1956 ..... of the appellant on the ground that the appellant had in the course of the election committed corrupt practices within the meaning of s. 123(4) of the representation of the people act, 1951, by publishing a poem containing false statements of fact relating to the personal character and conduct of the applicant brij mohan lal and which were .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1079; 1968(16)BLJR810; 1968MhLJ697(SC); [1968]3SCR13
..... correct. before we come to these rival contentions we find it necessary to refer first to the relevant provisions on the subject. 7. section 81 of the representation of the people act occurs in chapter ii which is headed 'presentation of election petition to election commission'. it provides as follows : 'presentation of petitions : (1) ..... should have been annexed to the copy of the election petition served on the respondents. in this connection our attention was drawn to the provisions of the representation of the people act to which we shall refer presently. on the other side it was contended that whatever the meaning of the expressions 'the election petition', 'annexures ..... examining the law on the subject the learned judge came to the conclusion that the election petition should be dismissed under s. 86 of the representation of the people act and he accordingly dismissed it with costs. no other issue which was struck between the parties was gone into because the election petition failed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC872; [1969]1SCR679
..... limitation act.15. before the recent amendment of the representation of the people act election petitions had to be presented to the election commission which was empowered the under section 85 to dismiss the petition if the then provisions of ..... by section 29(2) of the limitation act. in our opinion however the limitation act cannot apply to proceedings like an election petition inasmuch as the representation of the people act is a complete and self-contained code which, does not admit of the introduction of the principles or the provisions of law contained in the indian ..... practices he had not been impleaded as a party to the petition which was liable to be dismissed under the provisions of section 82(b) of the representation of the people act, 1951 (hereinafter referred to as the 'act') in compliance with section 86(1). the election petitioners filed application no. 187 of 1967 for withdrawing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1477; (1970)2SCC369; [1971]1SCR8
..... filed sharma averred that mishra had incurred and authorised expenditure exceeding the permissible limit of rs. 7,000/- fixed under the rules framed under the representation of the people act, 1951. mishra in his statement of election expenses had disclosed that he had spent rs. 6,324-14. by adding to the particulars ..... of expenditure was liable to be included in the return of election expenses filed by mishra with the returning officer under section 78 of the representation of the people act. 1951, and if that item be included the total expenditure incurred by mishra exceeded the maximum amount of expenditure permitted for an assembly ..... such statements being reasonably calculated to prejudice the prospects of sharma's election and thereby committed corrupt practice defined in section 123(4) of the representation of the people act, 1951; that mishra through his agents and workers hired or procured on payment or otherwise motor-vehicles and bullock-carts for conveying electors to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197
..... would not be invalid by reason of the candidate making his signature before the proposer and the seconder. even subsequently, a similar provision in the representation of the people act, 1951, and the rules frame thereunder for conduct of elections and election petitions, was interpreted in the same manner by the election tribunal in ..... electoral registration officer or in the office where the chief electoral registration officer directs it to be preserved in accordance with the rules framed under the representation of the people act, 1950. in such circumstances., if the rule-making authority did not consider it safe to rely on printed copies of the electoral rolls ..... it was alleged that a poster was published against the ram rajiya parishad and jagirdars and this constituted undue influence within section 123(2) of the representation of people act, 1951. it was held that the publication of the poster constituted undue influence. the commission observed :it may be observed that an attempt to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1348; (1970)3SCC147; [1971]2SCR611
..... '. petitioner no. 2 objected to his withdrawal. the learned judge dismissed the application of petitioner no. 1 on the ground that section 110(1) of the representation of the people act, 1951, hereinafter called the 'act', dil not permit withdrawal by one petitioner without the consent of his co-petitioner. it has, however, been noted by ..... act to determine the validity or legality of an entry in an electoral roll we shall have to look at the relevant provisions of the act. the representation of the people act 1950, to be called the 'act of 1950' and the constitution. part ii of the act deals with the qualifications and disqualifications for membership ..... the act of 1950 was meant to provide for the allocation of seats and the delimitation of constituencies for the purpose of elections to the house of the people and the legislatures of states, the qualifications of voters at such elections, the preparation of electoral rolls ... and matters connected therewith.7. part iii thereof contains .....
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