Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i corrupt partices Sorted by: old Court: supreme court of india Page 4 of about 219 results (0.100 seconds)

G.V. Sreerama Reddy and anr. Vs. Returning Officer and ors.

Court : Supreme Court of India

Reported in : AIR2010SC133; JT2009(10)SC316; 2009(6)KarLJ422; 2009(11)SCALE432; (2009)8SCC736; 2009(8)LC3856(SC)

..... the statute has been enacted with a specific purpose which must be measured from the wording of the statute strictly construed. the preamble of the representation of the people act makes it clear that for the conduct of elections of the houses of parliament or the legislature of each state, the qualification and dis- ..... after examining the relevant provisions of the act, this court held:.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 ..... the high court upheld the objection of the registry that there was no proper presentation of the election petition in terms of section 81(1) of the representation of the people act, 1951, (hereinafter referred to as 'the act'), consequently dismissed the election petition.2. election to constituency no. 140, bagepalli, karnataka legislative assembly .....

Anil Vasudev Salgaonkar Vs. Naresh Kushali Shigaonkar

Court : Supreme Court of India

Reported in : JT2009(10)SC684; 2009(11)SCALE556; (2009)9SCC310; 2009(8)LC3827(SC):2009AIRSCW6812

..... . the election petition must contain a concise statement of 'material facts' on which the petitioner relies. there is no definition of 'material facts' either in the representation of peoples act, 1951 nor in the code of civil procedure. in a series of judgments, this court has laid down that all facts necessary to formulate a complete cause ..... court observed that it is not disputed that the code of civil procedure applies to the trial of an election petition by virtue of section 87 of the representation of the people act, 1950. section 87(1) and section 87(2) of the act apply to the election petition. section 87(1) of the act reads as ..... his favour.4. it has also been alleged that the appellant indulged in the abovementioned corrupt practices and incurred election expenditure in contravention of section 77 of the representation of the people act, 1951 (hereinafter referred to as 'the act') thereby crossing the limit of rs. 5,00,000/- prescribed under the act and the rules framed thereunder .....

S.Subramaniam Balaji Vs. Govt.of T.Nadu and ors.

Court : Supreme Court of India

..... framed temporary guidelines until the legislatures passed a bill in that regard. however, in the case at hand, there is a special legislation, namely, the representation of people act wherein section 123 enumerates exhaustively a series of acts as corrupt practice . therefore, this is not a case of legislative vacuum where the judiciary can ..... issue no.1 whether the promises made by the political parties in their election manifestos would amount to corrupt practices as per section 123 of the representation of the people act, 1951?. 48) before going into the acceptability or merits of the claim of the appellant and the stand of the respondents, it is ..... of relevant authorities. in such circumstances, it cannot be claimed that these works amount to an unfair advantage or corrupt practices within the meaning of the representation of the people act, 1951. of course such spending is subject to the above act and the regulations of the election commission. (iv) the schemes under challenge .....

Lok Prahari, Through Its General Secretary s.n. Shukla Vs. Union of In ...

Court : Supreme Court of India

..... various aspects of the electoral process to the various offices and bodies mentioned earlier. for the present, we are only concerned with two enactments. the representation of the people acts, 1950 and 1951 (hereafter rp act of 1950 or rp act of 1951) which contain provisions which elaborately deal with the electoral process to ..... of our highest legislative bodies in accordance with the intentions of the founding fathers of the constitution and the concern expressed by the framers of the representation of the people act, 1951 intervention of this hon ble court has become necessary in terms of the following observation of this hon ble court in the case of ..... rules, 1961 keeping in view the suggestion in para 38 of the wp; (2) to respondent no.1 to consider suitable amendment in the representation of the people act 1951 to provide for rejection of nomination papers of the candidates and disqualification of mps/mlas/mlcs deliberately furnishing wrong information about their assets in .....

Saritha S. Nair Vs. Hibi Eden

Court : Supreme Court of India

..... rejecting both the election petitions on 2 grounds namely: (i) that there were incurable defects in the election petitions in terms of section 86(1) of the representation of the people act, 1951; and (ii) that the petitioner was disqualified in view of the inhibitions contained in section 8(3) of the act read with article 102(1 ..... different yardsticks cannot be applied and that in any case, so long as the sentence of imprisonment remained suspended, the disqualification under section 8(3) of the representation of the people act, 1951, may not be attracted.10. it is to be noted at this stage that the petitioner filed her nomination from one more constituency, namely ..... 2 sureties.7. the returning officer, noted in his order dated 06.04.2019 that the petitioner stood disqualified in terms of section 8(3) of the representation of the people act, 1951, as the period of disqualification had not lapsed.8. aggrieved by the order of rejection of the nomination, the petitioner filed an appeal to .....

Manish Kumar Vs. Union Of India

Court : Supreme Court of India

..... unfair method or unfair or deceptive practice including any of the following practices, namely: (a) the practice of making any statement, whether in writing or by visible representation which, (i) falsely represents that the services are of a particular standard or grade; (ii) represents that the promoter has approval or affiliation which such promoter does ..... down by this court, in dealing with the challenge on the anvil of article 14, the court will not adopt a doctrinaire approach. representatives 249 of the people are expected to operate on democratic principles. the presumption is that they are conscious of every fact, which would go to sustain the constitutionality of the law. ..... but a thinly disguised attempt at questioning the law of the legislature based on malice. a law is made by a body of elected representatives of the people. when they act in their legislative capacity, what is being rolled out is ordinary law. should the same legislators sit to amend the constitution, they would .....

Hukumdev NaraIn Yadav Vs. Lalit NaraIn Mishra

Court : Supreme Court of India

Reported in : AIR1974SC480; (1974)2SCC133; [1974]3SCR31

..... governed by section 29(2) of the limitation act. in our opinion however the limitation act cannot apply to preceding 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 ..... the decision in vidyacharan shukla's case this court held that section 4 and 12 of the limitation act would apply, because 'there is no provision in the representation of the people act, 1951, which excludes the application of section 4 of the limitation act.'17. in lala rani's case : 1970crilj1014 to which a reference has been made ..... petition, however, was dismissed by the high court as being time-barred. against that judgment and order this appeal has been filed under section 116-a of the representation of the people act, 1951 (hereinafter referred to as 'the act').2. it may be mentioned that section 80-a was added to the act by the amendment act 47 .....

Satya NaraIn Vs. Dhuja Ram and ors.

Court : Supreme Court of India

Reported in : AIR1974SC1185; (1974)4SCC237; [1974]3SCR20; 1974(6)LC126(SC)

..... be dismissed.7. the learned counsel for the appellant, mr. hardyal hardy, has made only the following two submissions before us:(1) the requirement under section 81(3) of representation of the people act, 1951 that spare copies of an election petition shall accompany the petition, is directory and not mandatory.(2) it is substantial compliance with the said directory provision if ..... p.k. goswami, j.1.this appeal under section 116a of the representation of the people act, 1951 (briefly the act is directed against the judgment and order passed by the high court of punjab and haryana in election petition no. 2 of 1972 dismissing it .....

Loknath Padhan Vs. Birendra Kumar Sahu

Court : Supreme Court of India

Reported in : AIR1974SC505; 40(1974)CLT283(SC); (1974)1SCC526; [1974]3SCR114; 1974(6)LC136(SC)

..... , but they were undertaken on behalf of the gram panchayat in terms of the schemes envisaged in the second five year plan as the respondent was the leader of the people and naib sarpanch of the gram panchayat, and the disqualification under section 9a was, therefore, not attracted in the case of the respondent. the high court also held, relying on ..... p.n. bhagwati, j.1. this appeal is preferred under section 116a of the representation of the people act, 1951 (hereinafter referred to as the act) against the judgment of the orissa high court dismissing an election petition filed by the appellant challenging the election of the respondent ..... were to be carried out by the gram panchayat on the basis of 50% subsidy from the government and 50% contribution by the people in terms of money or labour and it was as leader of the people and naib sarpanch that he had undertaken these works on behalf of the gram panchayat and not in his individual capacity in course of .....

Shri Banwari Dass Vs. Shri Sumer Chand and ors.

Court : Supreme Court of India

Reported in : AIR1974SC1032; (1974)4SCC817; [1974]3SCR358

..... under section 33 and the time consumed for the preliminaries before a trial begins or gains momentum can all be eliminated if there is provision, as in the peoples' representation act, for recrimination.33. we express the hope that the commissioner, in the event of a challenge being made to the respondent's election on the ground of ..... the high court. the bench dismissed the appeal holding that in the absence of a specific provision in the corporation act corresponding to section 97 of the representation of the people act, 1951, the returned candidate is not entitled to recriminate on the/grounds contained in section 17 of the corporation act. it was noticed that if ..... entitled to vote at election of councillors are the persons registered, by virtue of the provisions of the constitution and the representation of the people act, 1950 as voters at elections to the house of the people for the area comprised in a ward. according to section 8:a person shall not be qualified to be chosen as a .....