Court : Supreme Court of India
..... .8 of 2021 was filed by the first respondent before the high court of kerala at ernakulam under sections 80, 81, 83, 84, 100, 101 and 123 of the representation of the people act, 1951 (for brevity, the act of 1951 ), seeking a declaration that the election of the appellant was void and, in consequence, to declare him duly elected.4. the .....
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..... of candidates on the ground of defection, which reflects the importance of political parties in our democracy. section 77 of the representation of the people act, 1951, requires monetary limits to be prescribed for expenditures incurred by candidates.65 as political parties are at the helm of ..... . .... .. .... ........ . ........j.[b r gavai]. . .... .. .... ........ . ........j.[j b pardiwala]. . .... .. .... ........ . ........j.[manoj misra]. new delhi; february 15, 2024 152 annexure i section 29c, representation of the people act 1951 prior to amendment by the finance act 2017 upon amendment by section 137 of the finance act, 2017 29c. declaration of donation received by the section 29c ..... it cannot be ascertained whether the political party has taken any donation in violation of provisions under section 29b of the representation of the people act 1951 which prohibits the political parties from donations from government companies and foreign sources.23. referring to the deletion of .....
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..... was urged that the absolute freedom to vote under article 194(2) of the constitution was being diluted through a statutory amendment to the representation of the people act, 1951 permitting open ballots. while addressing this argument, the court held that elections to fill seats in the rajya sabha are not proceedings ..... general placed reliance on kuldip nayar (supra). in this case, a constitution bench of this court was adjudicating the validity of an amendment to the representation of the people act, 1951 by which (a) the requirement that a candidate for elections to the rajya sabha be an elector from a constituency in the state ..... subjects were restricted from being discussed in the legislatures.81. in that sense, the foundations of a deliberative democracy premised on responsibility, responsiveness, and representation sought to ensure that the executive government of the day is elected by and responsible to the parliament or legislative assemblies which comprise of elected representatives. .....
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..... .1 (election petitioner) filed the election petition being no.01 of 2021 before the high court under section 100(1)(b) and section 100(1)(d)(i) of the representation of the people s act, 1951 (hereinafter referred to as the rp act) questioning the election of the appellant, mainly making four allegations - (a) false declaration of educational qualification of b.a ..... raised by him. thus, according to the respondent no.1, there was an improper acceptance of the nomination paper of the appellant. he also alleged that the misrepresentation and false representation of educational qualification by the appellant in the affidavit in form 26 and suppression and misrepresentation of the liability of the appellant in the said affidavit in respect of the .....
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..... )(d)(i) of the representation of the people act, 1951?.8. whether the nature of non-disclosure alleged by the election petitioner is of a substantial nature effecting the election of the returned candidate/respondent no ..... affidavit in form no.26 appended to the nomination paper amounted to commission of corrupt practice of undue influence within the meaning of section 123(2) of the representation of the people act, 1951?.7. whether the election of respondent no.1 to the 44- tezu(st) assembly constituency is liable to be declared void under section 100(1 ..... that the election of karikho kri was void on the grounds mentioned in sections 100(1)(b), 100(1)(d)(i) and 100(1)(d)(iv) of the representation of the people act, 1951 (for brevity, the act of 1951 ). he also sought a consequential declaration that he stood duly elected from the said constituency.3. by judgment and .....
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..... the returned candidate, namely, the appellant herein, is null and void under: (a) section 100(1) (d) (i) (ii) and (iv); and (b) section 100 (1) (b) of the representation of peoples act, 19512. in addition, thereto, a prayer was made to declare the election petitioner as duly elected from the concerned legislative constituency3 of 12th manipur legislative assembly.3. in the ..... 3025. the argument of the learned counsel for the first respondent that the replication sought to be made by the petitioner clearly violates the requirement of the provisions of the representation of people act, 1951 and that the petitioner sought to introduce new facts after the expiry of 45 days, cannot be countenanced for the reason that the petitioner does not insert .....
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..... etc. 585.5 sri datar took us through a wide variety of professional work that can be undertaken by a chartered accountant in practice such as statutory corporate audit, representation before tax authorities, consultation, audits under section 44af, audits under section 141(3)(g) of the companies act, etc. it was contended that the ceiling has ..... by this court while trying to protect fundamental rights. furthermore, it was argued that this court should defer to the legislature in appreciating the needs of the people and interfere only when the statute is clearly violative of the right conferred on the citizens under part iii of the constitution. in addition to the foregoing, ..... object and non-imposition of such t.c. (civil) no.29 of 2021 etc. 117 prohibition might result in jeopardizing or seriously affecting the interest of the people in general. otherwise, it would not be a reasonable restriction. we do not have any contrary opinion to what has been observed by this court in the aforesaid .....
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..... . also see paragraph 161 where justice pandian states that inadequate representation is not confined to any specific section of the people, but all those who fall under the group of backwardness whether ..... .................................................................. 128 ix. scope for judicial review .................................................................... 131 a. inter-se backwardness .......................................................................... 131 b. adequacy of representation .................................................................. 133 e. conclusion .............................................................................................. 138 4 part a1 the reference to this constitution bench raises significant questions relating to ..... people in other communities, namely, muslims, sikhs, christians etc. 113 part d165 it is clear from the debates extracted above that the purpose of the reservation clause is to remedy the inadequate representation .....
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..... : a) to ensure that legal aid lawyers have been appointed to represent all undertrials. in circumstances where any prisoner is found without legal representation during the visit by the dlsa, immediate steps to be taken towards ensuring appointment. b) to verify whether panel lawyers are meeting and interacting ..... societal hierarchies. by assigning specific types of work to marginalized castes based on their supposed "customary" roles, the manuals perpetuate the stereotype that people from these communities are either incapable of or unfit for more skilled, dignified, or intellectual work. 174 the manuals/rules also reinforce stereotypes against ..... individual .34 the court also acknowledged that throughout history, socio-cultural revolts, anti-discrimination assertions, movements, literature and leaders have worked at socializing people away from supremacist thought and towards an egalitarian existence. 35 in that backdrop, the indian constitution was an attempt to reverse the socializing of .....
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