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 : Mumbai
Reported in : 1996(4)BomCR74; (1996)98BOMLR218
..... that for want of particulars of corrupt practices, the petition is not maintainable and liable to be rejected at the threshold.section 83(1)(b) of the representation of the people act, 1951 reads as follows :---'83. contents of petition---(1) an election petition---(b) shall set forth full particulars of any corrupt practice that the ..... that though particulars are lacking in the election petition, he will furnish it by filing an application for amendment and placed reliance on section 86(5) of the representation of the people act, which no doubt provides for amendment of an election petition. he also relied on : [1971]1scr8 d.p. mishra v. kamal narayan sharma and ..... view of my conclusion that the election petition does not contain the necessary particulars as per the mandatory provisions of section 83(1)(b) of the representation of the people act, the election petition has to fail.there is also no sufficient material to show as to how the respondent's election has been materially affected .....
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 : Mumbai
Reported in : 1998(3)ALLMR110; 1998(3)BomCR139
..... of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision were in respect of the disqualification for voting also.' representation of the people act, 1950.'16. disqualifications for registration in an electoral roll. (1) a person shall be disqualified for registration in an electoral roil if he- (a) ..... petitioner, has drawn our attention to section 11-a of the 1951 act and section 16 of the 1950 act. they are reproduced hereinbelow for ready reference.representation of the people act, 1951.'11-a. disqualification arising out of conviction and corrupt practices. (1) if any person, after the commencement of this act,-- is convicted ..... and the resultant disqualification of the petitioner were concerned, the judgment of this court was upheld by the supreme court.3. section 8-a of the representation of the people act, 1951 (for short, hereinafter referred to as the '1951 act') pertains to the disqualification of a member of parliament or state legislature on the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1998Cal139
..... relate to, charges against the returning officer and other counting agents, counting assistant, assistant returning officer will also come under corrupt practice under section 100(1)(b) of the representation of people act and not under section 100(1)(d)(ii) since it has been alleged that they acted as agent and/or with the consent of the returned candidates and were ..... :--'1. is the election petition liable to be dismissed for non-service of the correct copy of the petition and for non-compliance with section 81(3) of the representation of the people act, 1951 of the present petition?2. are the allegations of corrupt practices are made in paragraphs 13, 15, 17, 18, 19, 20 and 29 of the petition and .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1714
..... and of this court was pleased to rule as under :'applying the principle with regard to inspection of ballot paper enunciated by the supreme court in cases arising under the representation of people act to an election petition dealt with under the provisions of the u. p. panchayat raj act, there is no escape from the conclusion that before an authority hearing .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR263; 2000(5)BomCR106; 2000BomCR(Cri)106; 1999CriLJ1224
..... . 6 has made false statements and has thereby committed breach of code of conduct or has indulged in corrupt practices, as described under section 123 of the representation of the people act, 1951, are without any substance.19. the main bone of contention of the petitioner is that the respondent no. 6 made a statement in public ..... petitioner has contended that these statements by the respondent no. 6 amount to offence under the indian penal code and corrupt practices under section 123 of the representation of the people act, 1951.9. the petitioner has contended that this statement offering the post of deputy chief minister was made by the respondent no. 6 to gain ..... commission of offences covered by chapter ix-a of indian penal code. these activities also amount to corrupt practices within the meaning of section 123(3) of the representation of the people act, 1951. on account of this, the respondents nos. 1 to 5 and 7 ought to have taken action against respondent no. 6. the petitioner .....
Tag this Judgment!Court : Delhi
Reported in : 1998VAD(Delhi)91; 74(1998)DLT810; 1998(47)DRJ130
..... 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. in the light of the above discussion, we hold that the trial commences the moment gcm assemble to consider the charge and ..... . triloki singh, : [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 ..... decide the preliminary question of limitation before proceeding with matter on merits. while disposing of this question this writ petition will also form part of his representation along with the statutory appeal filed by the petitioner. the trial judge advocate will take these into consideration while disposing preliminary issue of limitation. he .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)KarLJ98
..... in interpreting the word 'may' in the section 33(2) of the karnataka municipal corporations act (the 'act', for short) is a mandatory one relying on the provisions of representation of the people act ('r.p. act' for short). the court below erred to note application of the r.p. act was specifically excluded vide constitution 74th amendment by incorporating articles 243 ..... /orders:code of civil procedure, 1908 - order 1, rule 9 - order 1, rule 10 - order 3, rules 1 and 4(1) - order 4, rule 1 - order 33, rule 3;representation of the people act, 1950 - section 2(5), 14, 16, 25, 26, 27, 30, 32, 33, 35, 70, 81, 82, 86, 87, 100, 101 and 117(1);constitution vide (seventy-fourth) amendment .....
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