Court : Supreme Court of India
Reported in : AIR1999SC1723; 1999(3)ALLMR(SC)643; JT1999(3)SC242; 1999(3)SCALE12; (1999)4SCC526; [1999]2SCR857; 1999(2)LC1064(SC)
..... assembly in tamil nadu as he did not possess the basic qualifications prescribed in clause (c) of article 173 of the constitution read with section 5 of representation of the people act, 1951 (for short 'the act'). the division bench held that the appellant was not an elector for lalgudi assembly constituency and, therefore, did ..... electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950 (43 of 1950). article 173 provides for qualifications for membership of the state legislature. it is as under:173. qualification for membership of ..... 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 : Supreme Court of India
Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299
..... . poverty demands affirmative action. its eradication is a constitutional mandate. the purpose of article 16(4) is to give adequate representation in the services of the state to that class which has no representation. this article carves out a particular class of people and not individuals from the weaker sections and the class it carves out is the one which does not have ..... adequate representation in the services of the state. pandian j., in his concurring but separate judgment had observed:though 'equal protection' clause .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642
..... shall not be invalidated by reason of the election of a person as president or vice-president being declared void. so also section 107(2) of the representation of the people act, 1951 (43 of 1951) provides that acts and proceedings in which a person has participated as a member of parliament or a member of the ..... to act as such.8. the order dated 17th december, 1996 is bad because it was passed without affording the petitioner an opportunity of submitting a pre-confirmation representation, as was directed by this court on 16th december, 1996.6. none of the grounds found favour with the learned single judge who after hearing dismissed the writ ..... right of judicial review both on law and facts as also determine the adequacy of punishment being commensurate with the gravity of the offence charged. judicial approach by people well-versed in objective analysis of evidence trained by experience to look at facts and law objectively, fair play and justice cannot always be sacrificed at the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3000; 2000(3)BLJR2012; JT2000(9)SC486; 2000(6)SCALE135; [2000]Supp2SCR668; 2001(1)LC78(SC)
..... so far as the disqualifications attaching to such persons are concerned. chaturvedi, j. noticed the well-settled practice in england having been adopted in the representation of the people act and held that an entry in the electoral roll has to be taken to be conclusive proof of the fact that the person fulfils the requisite ..... the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house of houses.10. the representation of the people act, 1951 was enacted to provide for the conduct of elections to the houses of parliament and to the house of houses of the legislature of each ..... in the succeeding paragraph.3. on 22-10-1986 the chief electoral officer, bihar in exercise of the powers conferred by section 27(3)(b) of the representation of the people act, 1950 (hereinafter the 1950 act, for short) issued a notification no. 1248 publishing a list of educational institutions of the state which shall be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2979; JT2000(9)SC529; 2000(3)KLT402(SC); 2000(6)SCALE182; (2000)8SCC216; [2000]Supp3SCR34; 2001(1)LC1(SC)
..... judicial determination.30. to what extent article 329(b) has an overriding effect on article 226 of the constitution? the two constitution benches have held that representation of the people act, 1951 provides for only one remedy; that remedy being by an election petition to be presented after the election is over and there is no ..... secured an ex-parte order staying the issuance and publication of the notification by the election commission of india under sections 30, 56 and 150 of the representation of the people act, 1951. this court deprecated granting of such ex-parte orders. during the course of its judgment (vide para 8) the majority speaking through the ..... to the electoral roll be heard and disposed of in accordance with the rules; and that, no notification be issued under section 15(2) of the representation of the people act, 1951 calling for election to the west bengal legislative assembly, until the rolls were duly revised. the high court entertained the petitions and gave interim .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2001(1)SC382; (2001)2MLJ102(SC); 2001(1)SCALE63; (2001)2SCC247; [2001]1SCR95
..... court, in the circumstances, taking into account the implications arising under article 329(b) of the constitution of india read with section 80 of the representation of the people act, 1951, relating to election petitions prescribing the manner for presentation of the election petition by necessary implication stand clothed with such a statutory character which ..... b) written in the english language, numbering separately the paragraph thereof;(c) couched in proper language, and in conformity with section 81 82 and 83 of the representation of the people act, 1951.'article 329(b) lays down:'329. bar to interference by courts in electoral matters --(a) .. .. ..(b) no election to either house ..... election petition for non-compliance with the high court rules, in prabhu narain's case this court held:'further more according to section 86 of the representation of people act only petition which do not comply with the provision of section 81 or 82 or 117 are liable to be dismissed. we, therefore, over .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC905; JT2001(2)SC114; (2001)2MLJ45(SC); 2001(1)SCALE471; (2001)3SCC290; [2001]1SCR527
..... aside the election of the appellant from 61-nachan (s.c.) assembly constituency and declaring it void, this appeal has been filed by the appellant under section 116a of the representation of people act, 1951 (for short `the rpa'), calling in question the correctness and validity of the said judgment and order of the high court.2. the material and relevant facts ..... not aware whether the request made by nikka ram was accepted.' in his evidence, he stated that he never found nikka ram canvassing in his presence. he only heard some people telling that he was trying to tell that after winning the election, he would formally join bjp. he was unable to give names or particulars of those some persons who .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1121; 2001(3)ALLMR(SC)776; 2001(3)ALT50(SC); JT2001(3)SC167; 2001(2)SCALE227; (2001)3SCC594; [2001]2SCR118; 2001(1)LC557(SC)
..... power of amendment or to strike out parties cannot be used at all. the civil procedure code applies subject to the provisions of the representation of the people act and any rules made thereunder (see s. 87). when the act enjoins the penalty of dismissal of the petition for ..... void under section 100(1)(b) and 100(1)(d)(ii) and 100(1)(d)(iv) read with section 123(4) of the representation of people act, 1951 (for short 'the rpa') and sought for further declaration that he should be declared as elected. one sampatrao yadav deshmukh ..... election prospects. other workers of respondent no. 1 (along with said shri sampatrao chavan) were also distributing the reconstructed handouts/bills to various people of village nagrale, taluka tasgaon, district sangli.' 19. this apart, one thing is clear that since he did not cease to be ..... shivaraj v. patil j.1. these appeals are filed under section 116a of the representation of people act, 1951, aggrieved by the judgment and order dated 29.1.1998 of the high court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC599; 2002(3)ALLMR(SC)611; JT2002(1)SC15; 2002(1)SCALE61; (2002)2SCC410; [2002]1SCR63
..... an election petition, which was registered as election petition 3 of 1998 impugning the election of the appellant alleging corrupt practice under section 123(6) of the representation of peoples act (hereinafter referred to as "the act"), in as much as the appellant is alleged to have incurred or authorised expenditure in contravention of section 77 of ..... to the conclusion that material facts in relation to an allegation of corrupt practice within the ambit of section 123(6) read with section 77 of the representation of the people act are lacking and, therefore, the election petition must be held to be not maintainable. in our view, the high court committed error in coming ..... .so far as the second question is concerned, mr. venugopal,s contention is based upon the language used in the proviso to section 83(1) of the representation of people act. the proviso to section 83(1) reads thus:-"83. contents of petition. (1) an electionpetition(a) shall contain a concise statement of the material .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1041; JT2002(2)SC87; 2002(2)SCALE157; (2002)3SCC521; [2002]1SCR1053
..... paragraphs of the election petition pertaining to the infraction of rules committed by respondents 7 and 8 are paragraphs 20a, 20d, 20f, 25 and 28. the representation of the people act, 1951 [hereinafter referred to as 'the act'] is an act, providing for the conduct of elections to the house of parliament and to the house ..... from the array of parties and by such deletion, there has been no illegality requiring interference by this court. mr. muralidhar, further contended that the representation of the people act being a full code by itself, prescribing the procedure to be followed and indicating the parties to be arrayed to an election petition and respondents 7 ..... 8. those respondents filed an application before the high court of karnataka for their deletion inter alia on the ground that under section 82 of the representation of the people act, it has been clearly indicated that who should be the parties to an election petition and since they have been unnecessarily impleaded, they should be .....
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