Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i corrupt partices Sorted by: recent Court: rajasthan Page 1 of about 23 results (0.070 seconds)

Sardar Khan Khokhar Verses Devji Patel and Others

Court : Rajasthan

..... -] (a) of any offence(s) under sub-section] (1) ;or ] (b) for contravention of any law specified in sub-section (2), of section 8 of the representation of the people act, 1951 (43 of 1951); ] yes/no. or (ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years or ..... for the parties. 7. before coming to the other merits of the issue involved. i would like to make it clear that as per section 83 of the representation of the people act, 1951 (hereinafter referred to as the act of 1951) the schedule or annexures, if made to the election petition, are its integral part. as per ..... wasting any further time for adjudication by conducting trial. the authority given to the courts vide o.vii, r.11 is having great significance in extending protection to the people from meaningless, vexatious and illusory litigation, and also in keeping the adjudicating forum out from the suffocation due to futile and non-productive litigation. the courts have to .....

Mishri Lal Vs. State and Ors

Court : Rajasthan Jodhpur

..... the ground of discrepancy in the number of votes found and number of ballot papers issued. 8 in kattinokkula murali krishna (supra).the supreme court while considering section 100 of representation of people act, deprecated the practice of order for inspection and recount of ballot papers in want of strong prima facie case to suspect illegality in counting of votes. the court ..... votes is the foundation of democracy and, therefore, a fair and transparent method of election which includes counting of votes is the essence of democratic norms.the election of a people s representative by secret ballot pre-supposes that this sacrosanct object is not to be sacrificed on mere suspicion. considering all these aspects, the finding of learned election tribunal on .....

Kashi Purohit Vs. the State of Rajasthan

Court : Rajasthan

Reported in : RLW2008(2)Raj1703

..... entering the office is not such a disqualification either under the constitution (article 191) or even under any other law made by parliament including the representation of the people act. violation of oath maybe betrayal of faith reposed in the person taking oath which unfailingly indicates and demonstrates a fundamental code of conduct. ..... state. apart from specifying four grounds of disqualifications, it provides that a person can be disqualified by or under any law made by parliament. the representation of the people act, 1951, a law made by parliament, has introduced six disqualifications for a person being chosen as and for being member of legislative assembly ..... of office should also be included as one such disqualification with reference to clause (e) of article 191(1) of the constitution in the representation of the people act or otherwise so prescribed by a separate enactment. this court cannot on the grounds of equity or logic or perceived legislative intention add to .....

Madhu (Smt.) Vs. Smt. Bhanwari and ors.

Court : Rajasthan

Reported in : RLW2004(1)Raj417; 2004(1)WLC11

..... panigrahi and ors. (19), it was held that order 14 rule 2 of the code is applicable to the election petition. there is no provision in the representation of people act, 1951 which is inconsistent with the provisions of order 14 rule 2 of the code, which contemplate that the judgment in election petition should, therefore, be ..... ors. (18), the allahabad high court held that the provisions of order 14 rule 2 of the code, none the less apply to the proceedings under the representation of people act, 1951. it was further held that judgment has got to be pronounced on all issues under order 14 rule 2 of the code simultaneously. it will ..... those six doubtful votes were not examined by the election tribunal on the ground that the returned candidate has not filed recrimination as envisaged under section 97 of the representation of people act, 1951 (hereinafter referred to as 'the r.p. act, 1951') and declared the election of the returned candidate as void and consequently election petitioner was .....

Gurjant Singh Vs. Krishan Chander and Others

Court : Rajasthan

Reported in : 2001(2)WLN648

..... of order 6 rule 15 c.p.c. and if so, whether it can be treated as part of the election petition:-(2). section 83(1) of the representation of people act, 1951 (for short, 'the act') provides as what should be the contents of an election petition. clause (c) thereof provides that me petition shall ..... as such. us 'procedure', something designed to facilitate juslice and further its ends; not a penaf enactment for punishment and penalty; not a thing designed to irip people up. too taking a consideration of sections that leaves no room for reasonable elasticity of interpolation, the tribunal be guarded against (provided always that justice is done to ..... the voles, the same are admissible being secondary evidence. moreso, according to the instructions contained in the hand book for reluming ' officers for election to house of people and state legislative assemblies, each officer is directed to mainlain a diary in which he is required to draw all proceedings in the polling station. the proforma of .....

Sand Plast (India) Ltd. Vs. I.T.C. Bhadrachalam Finance and Investment ...

Court : Rajasthan

Reported in : [2002]111CompCas471(Raj); 2001(1)WLC469; 2003(1)WLN594

..... petitions were not maintainable and should have been dismissed by the election tribunal. it was urged that there was no non-compliance with the provisions of sec. 83 of the representation of people act, 1951, in as much as, the affidavit in respect of the corrupt practices which accompanied the election petition was neither properly made nor in the prescribed form. in .....

Shree NaraIn Dhanuka Vs. Jaidev Prasad Indoria and ors.

Court : Rajasthan

Reported in : 2001(3)WLN275

..... , the returned candidate, under order 7 rule 11 read with order 6 rule 2 of the code of civil procedure read with sections 83(1)(a) and 87 of the representation of people act, 1951 (for short, 'the act, 1951'), contending that the election petition does not contain full material facts and particulars, therefore, it does not disclose any cause of action .....

Vijay Shanti Edu. Trust Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2001(4)WLC345; 2001(1)WLN191

..... s.b.civil writ petition no. 373/2000 which was disposed of by this court on 18.7.2000 with direction to state govt. to decide the representation of the petitioner as early as possible and in no case later than 31.8.2000, and that meanwhile the state government shall permit the petitioner to ..... and linguistic minorities is to hold that rights under article29 & 30 flow from the 'less than majority numerical strength' of given religious denomination or distinct section of people having distinct language, script and culture, which such community or section bears to total population of the state or region or country, depending on the context in ..... claiming protection under articles 29 and 30 was established in the state of west bengal. notwithstanding that claim was laid that it was founded by some hindi speaking people, the court found that the school was originally established in two section, namely, bengali and hindi, it was not an institution established for conserving distinct linguistic .....

S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Reported in : 2000(2)WLN635

..... was also informed that the director general has rejected the statutory petitions dated 27.4.1987 and 1.7.1987 filed by him. the petitioner's statutory representation was rejected by the central government and the petitioner was informed under communication dated 9th march, 1988. petitioner approached this court challenging the order of dismissal ..... judgment which could have been avoided, no person should be convicted for an offence, is considered necessary for the protection of lives and liberties of the people and exception to the rule must be absolutely established, for, every exception to the rule, would have some undesirable consequences which may be injurious to the ..... and things as well as the situation and circumstances, as aforesaid, for avoidance of punishment provided by law, seriously interferes with the lives and liberties of the people. the common law, therefore, lays down the rule that unless 'mens rea' is established, no one should be punished for an offence.22. in bread .....

Mohammad Yusuf and anr. Vs. Bhairon Singh Shekhawat

Court : Rajasthan

Reported in : AIR1995Raj239; 1995(2)WLN441

..... reasons, the application under order 6, rule 16 and order?, rule 11 of the code of civil procedure read with sections 83, 86 and 87 of the representation of the people act, 1951 filed by the respondent deserves to be and is hereby allowed. the allegations in the petition in respect of corrupt practices under sections 123(2), ..... (3) and promotion of hatred. between different classes of citizens of india on the ground of religion and community as defined in section 123(3a) of the representation of the people act, 1951, are true to my knowledge and the documents referred to therein. (b) that the averments relating to the ground for setting aside the election ..... the same. it need not postpone the consideration for subsequent stage of the trial'. 25. then again in paragraph - 14, it was observed as follows : ...'the representation of the peopleact is a complete and self contained code within which any rights claimed in relation to an election or an election dispute must be found. the provisions of .....