Court : Supreme Court of India
Reported in : AIR1990SC1889; JT1989(4)SC186; 1989(2)SCALE891; 1989Supp(2)SCC504
..... newspapers containing certain statements which are alleged to amount to a corrupt practice within the meaning of the said term in section 123(1)(a) of the representation of the people act, 1951 (hereinafter referred to as 'the said act'). the main question canvassed before us is whether the statements contained in these aforesaid advertisements amount to ..... having voted or refrained from voting.3. the advertisements very shortly stated, refer to the auspicious gifts made by the government of andhra pradesh to the poor people on the eve of new year and sankranti. in the said advertisements, it is stated that the said government which was formed by the telugu desam party ..... court questioning the election of respondent no. 1 as a member of parliament from srikakulam no. parliamentary constituency in the 8th general election to the house of the people. the points raised in these appeals are common and so are the relevant facts; and, hence, they are being disposed of by this common judgment. we .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1352; JT1990(3)SC145; (1990)3SCC612; 1990(1)LC657(SC)
..... no.1 were found therein, but the officers omitted the name of the respondent no, 1 from f.i.r. and permitted his people to escape. the petitioner has not filed any supporting document to show that any representation was actually sent to the excise superintendent as claimed. on the other hand when a complaint was lodged with the election observer on ..... the respondent no. 1 on 28.2.1985. the registered numbers of the vehicles seized by the police have been mentioned as being in the service of the respondent. a representation is said to have been sent by the petitioner to the excise superintendent. according to the further story, when the vehicles were seized on the 4th of march, 1985, election ..... orderlalit mohan sharma, j.1. this appeal under section 116a of the representation of the people act, 1951 is directed against the judgment of the andhra pradesh high court under section 98 of the said act dismissing the election petition filed by the appellant, challenging the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... consistent with these fundamental and basic features of the constitution, secularism, socio-economic and political justice, fraternity, unity and national integrity.268. under section 29a of the representation of peoples' act, 1951 for short 'r.p. act' registration of a political party, or a group of individual citizens of india calling itself a political party has been ..... for such a course - that it does not provide for its own demise. 93. consistent with the constitutional philosophy, sub-section (3) of section 123 the representation of peoples act, 1951 treats an appeal to the electorate to vote on the basis of the religion, race, caste or community of the candidate or the use of ..... the latter falls in the exclusive domain of the affairs of the state. this is also clear from sub-section [3] of section 123 of the representation of the peoples act, 1951 which prohibits an appeal by a candidate or his agent or by any other person with the consent of the candidate or his election agent .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIAD(SC)1; AIR1996SC1109; JT1996(11)SC692; 1996(1)SCALE683; (1996)2SCC743; [1996]2SCR99; 1996(1)LC638(SC)
..... be rejected for non-compliance of the provision of rule 12 (f). chapter 4-gg of the high court rules and orders, vol. v & section 81(3) of the representation of the people act ?3. whether the petition does not disclose any cause of action ?4. relief.issues nos. 2 and 3 reproduced above were decided on 28th november, 1993 by order ..... faizan uddin, j. 1. this appeal under section 116-a of the representation of the people act, 1951 (hereinafter referred to as the act) has been directed against the judgment dated november 8, 1993 passed by the high court of punjab &haryana; at chandigarh dismissing the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC2314; JT1996(2)SC10; 1996(1)SCALE697; (1996)3SCC158; [1996]2SCR156
..... leave to appeal against the judgment dated 2.6.1989. the election petition was one filed under section 80 to 84 and 100 of part vi. chapter ii of the representation of people act, 1951 (hereinafter referred to as the act). in short, the prayer in the petition was to declare the election of the appellant (first respondent in the election petition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785
..... baijapai and anr. v. triloki singh and anr. : [1957]1scr370 wherein the question was: as to when the trial begins in an election dispute under the provisions of the representation of the people act, 1951 the respondents had filed election petitions against the appellant under section 81 of that act alleging that the appellant had committed number of corrupt practices and the ..... reference to it by the election commission to the conclusion. this court found no reason to attribute a restricted meaning to the word 'trial' in section 98 of the representation of the people act, 1951.24. in the light of the above discussion, we hold that the trial commences the moment gcm assembles to consider the charge and examines whether they would .....
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 : 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... legislation cannot be struck down as unconstitutional. all the writ petitions questioning the constitutional validity of the amendments brought about in the representation of people the act, 1951 through the representation of the people (amendment) act, 2003 (act no. 40 of 2003), being devoid of merits are hereby dismissed. interim orders stand vacated. ..... on the legislative powers of the parliament in this regard. the amendments in sections 3, 59, 94 and 128 of the representation of the people act, 1951 by the representation of the people (amendment) act, 2003 (40 of 2003) has been made in exercise of the powers conferred on the parliament under article ..... election for constituting legislative assembly after premature dissolution of the existing one. however, in view of the scheme of the constitution and the representation of the people act, the elections should be held within six months for constituting legislative assembly from the date of dissolution of the legislative assembly.50. mr .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)5MLJ587(SC); 2009(3)SCALE22; (2009)3SCC200; 2009(2)LC850(SC):2009AIRSCW2819
..... union of india (supra) on which reliance has been placed by the learned additional solicitor general, the constitution bench examined the petitioner's challenge to the representation of people (amendment) act 40 of 2003 by which the requirement of domicile in the concerned state for getting elected to the council of states was deleted. the ..... election by clandestinely providing funds in the form of black money to the political parties, parliament amended the companies act, income-tax act and the representation of the people act. the object of these amendments was to bring transparency in election-funding. common cause, a society registered under the societies registration act filed petition ..... law, nor in equity but is a statutory proceeding to which only statutory rules apply. the statute concerned with the election matters is the representation of the people act which is a complete and self-contained code and within it must be found any rights claimed in relation to an election or an .....
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