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 : Punjab and Haryana
Reported in : AIR1991P& H231
..... petition infirm.'in that case the question related to issuing of a leaflet by the candidate involving corrupt practice as defined in section 123(7) of the representation of the people act, the allegation was that the facts stated in the leaflet were false. the supreme court observed as under (at p. 1735 of air 1990 sc ..... which was addressed by the governor calling upon the persons present to support the respondent.14. reading of section 123(7) read with section 100 of the representation of the people act, the petitioner is required to allege and prove the corrupt practice, as defined therein, committed either by the respondent or by his agent with his consent ..... the election petition without trial or the petitioner can be called upon to furnish further particulars of the corrupt practice alleged under section 86(5) of the representation of the people act which reads as under:--'the high court may, upon such terms asto costs and otherwise as it may deem fit, allow the particulars of any .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR649; 1991(1)MhLj81
..... declared to be duly elected. it is common ground that the first respondent has not till today filed a recrimination as contemplated under section 97 of the representation of people act. it may be convenient to reproduce section 97 which reads as follows :-'when in an election petition a declaration that any candidate other than the ..... of andheri constituency. this respondent relies upon the same when produced. the said video cassets were objectionable inasmuch as it offended the various provisions of the representation of peoples act in the sense that it sought to make an appeal in the name of religion.6. this respondent submits that the petitioner is one of the ..... to challenge the validity of the petitioner's election on the ground inter alia that he is guilty of corrupt practices. since section 97 of the representation of peoples act bars the first respondent from leading evidence in this behalf the averments contained in the aforesaid paragraphs are liable to be struck off.4. shri vashi .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP157; 1991(2)ALT496
..... as a criminal charge and the principle of preponderance of probabilities would not apply to corrupt practices.....'though this is said in cases arising under the representation of the people act, 1951 the same principles govern the questioning of elections under the andhra pradesh gram panchayats act, 1964 and the rules, and more so when ..... election tribunal in that case held that the election of the returned candidate could not be set aside under section 100(1)(d)(iv) of the representation of the people act, 1951 which provides that the election of the returned candidate shall be declared as void ifthe result of the election has been materially affected ' ..... dueto the said impersonation, rigging, etc. healso contends that the language of rule 51 ofthe rules is different from the language ofs. 83 of the representation of the people act,1951. he submits that the 1st respondent wasright in declaring the election of the petitioneras void.12. according to the learned counsel for the petitioner, .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR357
..... ?8. whether the election agent or any other agent of the respondent has committed any of the corrupt practices as defined in section 123(2) of the representation of people act, 1951 as alleged in the petition?9. whether any other person with the consent of the respondent and/or his election agent has committed any of the ..... defined in section 123(3) of the representation of people act, 1951 as alleged in the petition ?3. whether any other person with the consent of the respondent and/or his election agent has committed any of ..... the evidence hereunder.4. the following issues were framed :1. whether the respondent has committed any of the corrupt practices as defined in section 123(3) of the representation of people act, 1951; as alleged in the petition ?2. whether the election agent or any other agent of the respondent has committed any of the corrupt practices as .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H66; (1994)106PLR325
..... non-compliance of the provisions of rule 12(f), chapter 4-gg of the high court rules and orders, vol. v and section 81(3) of the representation of people act? opr (3) whether the petition does not disclose any cause of action? opr 4) relief.' issues nos. 2 and 3 were treated as preliminary ..... held in february, 1992, has challenged the validity of the election of sh. gurcharan singh, the returned candidate, through this election petition filed under s. 80 of the representation of people act, 1951 (for short, the act), on twin grounds, viz., (i) booth capturing; and (ii) incurring expenditure in contravention of the provisions of section 77 ..... the consent of the returned candidate or his election agent. section 123 mentions the corrupt pratices. the representation of the people act, 1950 and the representation of the people act, 1951 were amended by act no. 1 of 1989 called the representation of the people (amendment) act, 1988. section 123 of the act was amended and after clause (7) andbefore .....
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 : Himachal Pradesh
Reported in : AIR1995HP58
..... 'proper parties' enter the picture at all? we think that the concept of 'proper parties' is and must remain alien to an election dispute under the representation of the people act, 1951. only those may be joined as respondents to an election petition who are mentioned in section 82 and section 86(4) and no others. ..... 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 different provisions of the act. there can be no election to parliament or the state legislature ..... ground that the petitioner had committed corrupt practices, by capturing booth no. 49, situated at village billanwali labana, under sub-section (4) of section 123 of the representation of the people act, 1951, as amended up-to-date (shortly hereinafter referred to as 'the act'). this ground was based on the allegations :(i) that polling in polling .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR53; (1995)97BOMLR867
..... his election agents and/or any other person with the consent of the first respondent, have committed corrupt practices within the meaning of the provisions of the representation of the people act, 1951, (hereinafter referred to for the sake of brevity as 'the said act'). the petitioner is also challenging the order of the returning officer ..... further issue was raised as issue no. 1-a :'whether the petition is not maintainable and is liable to be dismissed under section 86(1) of the representation of people act for non-compliance of statutory requirements as contained in section 82(b) of the said act for non-impleading mr. subhash martand parkar duly nominated candidate ..... other persons with the consent of the first respondent or his election agent has committed any of the corrupt practices as defined in section 123(3) of the representation of people act, 1951 as alleged in the petition? issue no. 6 : whether the election agent or any other agent of respondent has committed any of the corrupt .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR141
..... been cognisant of the law laid down by the supreme court on the question of inspection/recount of the ballot papers in the context of the provisions of the representation of the people act, 1951 and various other statutes. it must be presumed to be aware of the fact that the supreme court has time and again laid down the principles which .....
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