Court : Supreme Court of India
Reported in : AIR1983SC558; 1983(1)SCALE344; (1983)2SCC473; [1983]2SCR629
..... was an integral part of the election petition and therefore the election petition must be dismissed summarily under sub-section (1) of section 86 of the representation of the people act, 1951. we further direct that the high court shall permit the appellant to withdraw the recrimination petition filed by him under section 97 of the ..... in point. one of us (venkataramiah, j.) had occasion to deal with the corresponding sub-section (3) of section 89 of the jammu & kashmir representation of the people act, 1957 which reads:every election petition should be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall ..... 16, 1980. on july 14, 1980 the respondent, dr. h.v. hande, filed an election petition under section 81 read with section 100 of the representation of people act 1951 (for the sake of brevity hereinafter referred to as 'the act') challenging the election of the appellant on various grounds. the election petition was accompanied .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC925; 1983(2)SCALE63; (1983)4SCC36; [1983]3SCR525
..... defeated. the remaining candidates lost their deposits. appellant called in question the election of the 1st respondent (the returned candidate) by presenting an election petition under section 81 of the representation of people act 1951 ('1951 act' for short). to this petition, the returned candidate as well as all other candidates who lost the election were impleaded as parties. in the election ..... high court of punjab and haryana has framed rules styled as 'rules of procedure and guidance in the matter of trial of election petitions under part vi of the representation of the people act, 1951' (high court rules for short). rule 22 of the afore-mentioned rules is relevant. it reads as under :22(1) a party desirous of requiring the attendance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC135a; 1983(2)SCALE717; 1984Supp(1)SCC631; [1984]1SCR687
..... the returned candidate as all other contesting candidates and three outsiders asking for setting aside the election of respondent 2 under section 100(1)(b) of the representation of the people act, 1951 ('act'for short), declaring, shri virendra patil, respondent 5 of the election petition, as the duly elected candidate from the constituency and for ..... a constituency to elect a member or members right up to the final resolution of the dispute, if any, concerning the election is regulated by the representation of the people act, 1951, different stages of the process being dealt with by different provisions of the act.that view has been endorsed in arun kumar bose v. ..... is not a contest only between the parties thereto but continues for the benefit of the whole constituency. it is for that purpose that in the representation of the people act, 1951, provisions have been made in sections 109 and 110 relating to withdrawal of an election petition and sections 112 and 116 relating to abatement .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC89; 1984(2)SCALE659; (1985)1SCC91; [1985]1SCR1059
..... to corrupt the electoral process. the appellant was already in the field as a candidate for the legislature and was entitled to help the people in his constituency in a legitimate way. once the allegation that he had deposited the amount of rs. 944/- is discarded, his ..... the position, that the meeting so convened was disturbed. the disturbance to the meeting is said to have been caused by a group of people consisting of gurdial singh, hardial singh, rachhpal singh, kulwant singh and gurnam singh. there is no specific plea that these five persons were ..... son of gujjar singh and kewal singh son of surain singh. all the aforesaid persons kept on firing shots which were returned by some people.30. the akali party had organised a meeting in the village to make election propaganda for respondent no. 3 and p.w. 4 ..... ranganath misra, j.1. this appeal under section 116-a of the representation of the people act, 1951 ('act' for short), is directed against the judgment of the punjab & haryana high court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC24; 1985(33)BLJR19; 1984(2)SCALE687; (1984)4SCC649; [1985]1SCR1089; 1985(17)LC229(SC)
..... the high court for setting aside the election of the appellant on the ground that he had indulged in corrupt practices as envisaged in section 123(2) of the representation of the people act, 1951 (hereinafter referred to as the 'act'). the place of the respondent found favour with the high court which set aside the election of the appellant. hence, this ..... a few clinching facts which fully fortify the conclusions of the high court.7. the main allegation against the appellant is that he had through his agents, supporters and other people, duly instructed by him, made an attempt to set at naught the electoral process by putting the voters in serious fear as they were threatened, assaulted and even firing was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC772; 1985(33)BLJR340; [1985(51)FLR68]; 1985LabIC590; (1985)IILLJ184SC; 1985(1)SCALE391; (1985)2SCC358; [1985]3SCR163; 1985(2)SLJ454(SC)
..... ' within the meaning of section 12. there are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the people act, 1951, entitled 'disqualifications for membership of parliament and state legislatures' and chapter iv entitled 'disqualifications for voting' contain provisions which disqualify persons convicted of certain charges from being ..... of law, we have an uneasy conscience. delay not only defeats justice and robs it of its immediate relevance to the parties but it shakes the very confidence of the people in the desire and ability of law courts to assist them when they need that assistance most.2. the appellant was retrenched by the ministry of rehabilitation, government of india .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622
..... for a parliamentary constituency and an assembly constituency in respect of various states and the union territories. clause (6) of section 123 of the representation of the people act has specifically included the incurring or authorizing of expenditure in contravention of section 77 as a corrupt practice, which, if established, would not ..... the candidates against whom election petitions are pending, it became urgently necessary to clarify the intention underlying the provisions contained in section 77 of the representation of the people act, 1951, namely, that in computing the maxi mum amount under that section any expenditure incurred or authorized by any other person or ..... political parties should be further strengthened in the manner indicated by it in paragraph 13.18.11. in england, before the passing of the representation of the people act, 1949, the view had been expressed that expenses incurred without the authority of the candidate or election agent for promoting or procuring the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1985(2)SCALE384; (1985)4SCC689; [1985]Supp1SCR493; 1986(1)LC104(SC)
..... petitioners are enrolled as voters in the electoral roll of the west bengal legislative assembly. the validity of several provisions of the representation of the people act, 1950, the representation of the people act, 1951, the registration of electors rules, 1960, and the conduct of election rules, 1961 was challenged in the ..... officers concerned and all the staff working under them, were beyond reproach in their conduct in implementing the relevant provisions of the constitution, the representation of people acts of 1950 and 1951, the electoral registration rules, 1960 and the directions given by election commission in the preparation of the electoral rolls ..... will be disposed of, and names included, in the electoral rolls still the last date of making nominations, as permissible under section 23(3) of the representation of people act,1950.34. we order accordingly.baharul islam, j.35. the constitution of india envisages a sovereign, socialist, secular, democratic republic. each of the terms .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1495; 1985(1)SCALE832; 1985Supp(1)SCC714; [1985]Supp1SCR352
..... castes, certain scheduled tribes and the indian christian community. article 293 of the draft constitution made special provision regarding the representation of the anglo-indian community in the house of the people. article 294 of the draft constitution dealt with reservation of seats for the muslim community, scheduled castes, certain scheduled ..... equality of opportunity, etc., guaranteed to all citizens under our constitution is the right of the weaker sections of the people to special provision for their admission into educational institutions and representation in the services. appreciating the realities of the situation, and least there by any misapprehension, the constitution has taken ..... of seats for scheduled castes and scheduled tribes in the house of the people and the legislative assemblies of the states and a provision for the representation of the anglo-indian community in the house of the people and the legislative assemblies of the states, there is no such provision for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51
..... the deportation of willing pavement dwellers afford some indication that they are migrants from the interior areas, within and outside maharashtra. it is estimated that about 200 to 300 people enter bombay every day in search of employment. these facts constitute empirical evidence to justify the conclusion that persons in the position of petitioners live in slums and on ..... representation made by him. he must make it good. this principle can have no application to representations made regarding the assertion or enforcement of fundamental rights. for example, the concession made by a person that he does not possess and would ..... . the doctrine of estoppel is based on the principle that consistency in word and action imparts certainty and honesty to human affairs. if a person makes a representation to another, on the faith of which the latter acts to his prejudice, the former cannot resile from the .....
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