Court : Punjab and Haryana
Reported in : AIR1968P& H152
..... the punjab legislative assembly electoral rules, 1936. rules 17 to 21, part e, chaptei iii, were pari materia with sections 109 and 110 of the representation of the people act and were as follows:'(17) an election petition may be withdrawn only by leave of the commissioner or, if an application for withdrawal is made before ..... are concerned they are quite different from those in the present case. there, the petitioner had omitted to implead, as required by section 82 of the representation of the people act, 1951, one of the candidates whose nomination had been accepted but who had withdrawn his 'canclidature subsequently. on an objection being taken, the tribunal ..... effectively to prosecute this petition and incur any further expenses and, therefore, wished to withdraw the main petition. as required by section 109 of the representation of the people act, 1951, the same was directed to be published in the official gazette and the case was adjourned till today for the decision of the leave .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1079; 1968(16)BLJR810; 1968MhLJ697(SC); [1968]3SCR13
..... correct. before we come to these rival contentions we find it necessary to refer first to the relevant provisions on the subject. 7. section 81 of the representation of the people act occurs in chapter ii which is headed 'presentation of election petition to election commission'. it provides as follows : 'presentation of petitions : (1) ..... should have been annexed to the copy of the election petition served on the respondents. in this connection our attention was drawn to the provisions of the representation of the people act to which we shall refer presently. on the other side it was contended that whatever the meaning of the expressions 'the election petition', 'annexures ..... examining the law on the subject the learned judge came to the conclusion that the election petition should be dismissed under s. 86 of the representation of the people act and he accordingly dismissed it with costs. no other issue which was struck between the parties was gone into because the election petition failed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC872; [1969]1SCR679
..... limitation act.15. before the recent amendment of the representation of the people act election petitions had to be presented to the election commission which was empowered the under section 85 to dismiss the petition if the then provisions of ..... by section 29(2) of the limitation act. in our opinion however 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 indian ..... practices he had not been impleaded as a party to the petition which was liable to be dismissed under the provisions of section 82(b) of the representation of the people act, 1951 (hereinafter referred to as the 'act') in compliance with section 86(1). the election petitioners filed application no. 187 of 1967 for withdrawing .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All1
..... election petition by virtue of section 90 (1). it was held that that provision was not applicable, because, in view of the scheme of the representation of the people act anelection petitioner cannot withdraw a part of the claim. that would defeat recrimination proceedings. then, the act especially provided for withdrawal of the election petition ..... hence, possess inherent powers other than those which may be ancillary to the powers conferred on it by the statute.20. part vi of the representation of the people act deals with 'disputes regarding election.' chapter i of this part is the definition chapter. chapter ii deals with preliminary matters and reference of the ..... to the contesting respondent which were assessed at rs. 300.12. the election petitioner came to this court in appeal under section 116a of the representation of the people act against the order dated 27th april, 1965, dismissing the election petition. the principal grievance expressed in the memorandum of appeal was that the view .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1477; (1970)2SCC369; [1971]1SCR8
..... filed sharma averred that mishra had incurred and authorised expenditure exceeding the permissible limit of rs. 7,000/- fixed under the rules framed under the representation of the people act, 1951. mishra in his statement of election expenses had disclosed that he had spent rs. 6,324-14. by adding to the particulars ..... of expenditure was liable to be included in the return of election expenses filed by mishra with the returning officer under section 78 of the representation of the people act. 1951, and if that item be included the total expenditure incurred by mishra exceeded the maximum amount of expenditure permitted for an assembly ..... such statements being reasonably calculated to prejudice the prospects of sharma's election and thereby committed corrupt practice defined in section 123(4) of the representation of the people act, 1951; that mishra through his agents and workers hired or procured on payment or otherwise motor-vehicles and bullock-carts for conveying electors to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197
..... would not be invalid by reason of the candidate making his signature before the proposer and the seconder. even subsequently, a similar provision in the representation of the people act, 1951, and the rules frame thereunder for conduct of elections and election petitions, was interpreted in the same manner by the election tribunal in ..... electoral registration officer or in the office where the chief electoral registration officer directs it to be preserved in accordance with the rules framed under the representation of the people act, 1950. in such circumstances., if the rule-making authority did not consider it safe to rely on printed copies of the electoral rolls ..... it was alleged that a poster was published against the ram rajiya parishad and jagirdars and this constituted undue influence within section 123(2) of the representation of people act, 1951. it was held that the publication of the poster constituted undue influence. the commission observed :it may be observed that an attempt to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1348; (1970)3SCC147; [1971]2SCR611
..... '. petitioner no. 2 objected to his withdrawal. the learned judge dismissed the application of petitioner no. 1 on the ground that section 110(1) of the representation of the people act, 1951, hereinafter called the 'act', dil not permit withdrawal by one petitioner without the consent of his co-petitioner. it has, however, been noted by ..... act to determine the validity or legality of an entry in an electoral roll we shall have to look at the relevant provisions of the act. the representation of the people act 1950, to be called the 'act of 1950' and the constitution. part ii of the act deals with the qualifications and disqualifications for membership ..... the act of 1950 was meant to provide for the allocation of seats and the delimitation of constituencies for the purpose of elections to the house of the people and the legislatures of states, the qualifications of voters at such elections, the preparation of electoral rolls ... and matters connected therewith.7. part iii thereof contains .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP167
..... conseauentlv, issues 13, 14 and 15 are struck off. and the aforesaid issues are decided accordingly.23. this is an election petition under section 81 of the representation of the people act. 1951 (hereinafter called the act), by shri bharatendra sinah. a voter of rajnandeaon parliamentary (lok sabha) constituency, against respondent no. 1, shri ram sahai ..... have been duly elected, virtually it becomes an election petition as he has to deposit the security referred to in sections 117 and 118 respectively of the representation of people act 1951, section 100 deals with the grounds for declaring the election to be void. clause (d) (iv) of this section deals with any non ..... to such authority and in such a manner as may be provided for by or under any law made by the appropriate legislature. section 80 of the representation of people act, 1951, clearly provides that no election shall be called in question except by an election petition presented in accordance with the provisions of this part .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H163
..... placed on observations in the halsbury's laws of england based on statutory provisions in the english laws. the act is principally based on the english representation of the people act, 1949. the fact that the parliament while incorporating all necessary and relevant provisions from the english act mutatis mutandis in the indian act deliberately ..... as a party under the provisions of the civil procedure code which are expressly made applicable, to the trial of election petitions subject to the provisions contained in the representation of the people act and the rules made thereunder.'68. same view was taken by the election tribunal, bombay, in (1951)1 ele lr 194, where it was ..... created and tribunals are constituted for the trial of election petitions.' (see harish chandra v. triloki singh, air 1957 sc 444, and section 86(7) of the representation of the people act, 1951). (5) 'the true scope of the limitation enacted in section 90(2) (now section 87(1) ) on the application of the procedure .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H431
..... as the first respondent secured 19570 votes, that is, 108 votes more than the petitioner. the petitioner has also claimed a declaration under section 101 of the representation of the people act, 1951 that the petitioner be declared to have been duly elected. in the circumstances detailed hereinafter, it is not necessary to travel into the merits of ..... and also under the verification, it should be held that there has been substantial compliance with the requirements of sub section (3) of section 81 of the representation of people act, 1951 (hereinafter called the act) was left over to be decided after seeing the duplicate copy of the petition served on the respondent. at the joint ..... these preliminary issues referred to rule 12 of the 'rules of procedure and guidance in the matter of trial of election petition under part vi of the representation of the people act, 1951 as amended' which have been framed by this court and which have been published in chapter 4 part-gg of volume v of the .....
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