Court : Himachal Pradesh
Decided on : Jun-30-1994
Reported in : AIR1995HP145
..... was declared on 28th november, 1993. respondent no. 1, shri manjit singh dogra, was the elected candidate, while, respondent no. 2, shri ram rattan sharma, was another defeated candidate. the said election has been challenged through the present election petition preferred under section 81 of the representation of the people act, 1951 (hereinafter to be called as 'the act') on various grounds. it has been prayed that the ..... election of respondent no. 1 to the h. p. assembly from 28-nadaunta constituency on account of ..... . the factum of its being time-barred be brought to the notice of the hon'ble court by the bench reader. the file be put up for obtaining orders regarding nomination of an hon'ble judge to try this case.'6. thus the objection raised by the registrar pertaining to the limitation, as referred to above, has to be decided by ..... the registry has raised objection on the point of limitation and a reference to election petition rules as framed by the high court of punjab and contained in volume-v, chapter-4-gg, has been made on the basis of which the election petition was required to be filed during the office hours only.10. through the present e.m.p .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-19-1994
Reported in : AIR1995HP58
..... closed to all except the petitioner and the candidates at the election. if such is the design of the statute, how can the notion of '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 ..... can be no election to parliament or the state legislature except as provided by the representation of the people act, 1951 and again, no such election may be questioned except in the manner provided by the representation of the people act. so the representation of the people act has been held to be a complete and self-contained code within which must be found any right claimed in relation to ..... issue-wise.issue no. 112. this issue pertains to the fact as to whether s/sh. bhajan singh, ram asra and amar nath kaushal were validly nominated candidates? in this regard the testimony of rajender kumar (rw-1), the then election kanungo at solan and that of sh. sirikant baldi, deputy commissioner, solan district, are material. the above said constituency falls in distt ..... thapar (mrs) (1994) 2 scc 579 as under:'10. the fasciculus of sections appearing in chapter iii of part vi of the act lays down the procedure for trial of election petitions. sub-section (1) of section 87 thereof provides that subject to the provisions of this act and of any rules made thereunder, every election petition shall be tried by the high court .....
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