Court : Supreme Court of India
Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197
..... ) by any person who is neither the returned candidate nor one having acted with his connivance, if the result of the election has been materially affected. section 18(2) declares that for the purposes of this section the offences of bribery and undue influence at an election have the same meaning as in chapter ix-a of the indian penal code.39. we may here compare the provisions of section 18(1)(a) and section 18(1)(b)(i) read with section 18(2) with section 123 of the representation of the people act, 1951. this section lays down corrupt practices ..... . raghuveer singh : [1968]3scr246 ., in which a similar provision contained in section 33 of the representation of the people act, 1951, as amended by the amending act 27 of 1956, came up for consideration. prior to the amending act 27 of 1956, section 33, dealing with this subject, specifically laid down that any person, whose name is registered in the electoral roll of the constituency and who is not subject to any disqualification mentioned in section 16 of the representation of the people act, 1950, may subscribe as proposer or seconder as many nomination papers as there are vacancies to be filled, but no more; and there was also a consequential .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC935; JT1999(1)SC351; 1999(1)SCALE349; (1999)2SCC489; [1999]1SCR470; 1999(1)LC771(SC)
..... to withdraw candidature before the last date of withdrawal. he also argued that the party has a right to cancel or substitute an authorisation in favour of any candidate before the last date of withdrawal. however i am unable to agree with this contention.the representation of people act, 1996 has been amended as per amended section 33 of the representation of people act 1951, the nomination of the candidate to a state legislative assembly to be subscribed by:(i) one elector of the constituency if the candidate has been set up either by a recognised national party or by a recognised party in the state or in the states in which it is recognised as a state party ..... one candidates and had not decided before scrutiny of the nomination papers as to who was its official candidate by cancelling die authorisation of the other candidate, both the bjp candidates could be treated only as 'independent' candidates and not the candidates set up by a recognised political party and since neither of the candidates had been sponsored by ten proposers, their nomination papers were invalid.20. the election commission of india has issued instructions in exercise of its statutory functions. those instructions are contained in the hand book for returning officers. chapter vi of the handbook deals with scrutiny of nomination papers .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC632; 2008(2)ALT67; (2008)149PLR494; (2008)2SCC186; 2008(1)LC31(SC); 2007AIRSCW7702; AIR2008SC632; 2008(2)SCC186; 2008(1)KCCRSN28
..... . balakrishnan cji.1. this statutory appeal under section 116a of the representation of people act 1951, is filed by an election petitioner against the judgment dated 7.6.2005 of the himachal pradesh high court dismissing his election petition no.1 of 2003 challenging the election of the respondent (bodh raj) as member of legislative assembly from 35-gangath (sc) assembly constituency. 2. the case of the appellant in brief is that 35-gangath assembly constituency is reserved for scheduled castes, that he and the respondent, among others were candidates for election from the ..... per rules in the usual course of discharge of official functions. the punjab police rules, 1934 (applicable to himachal pradesh) require maintenance of a register of births and deaths at the police station (vide rule 22.45 in chapter xxii relating to police station. rule 22.66 gives the manner of maintaining such register. clause (5) states that birth and death registers shall be retained at the police station for one year after the date ..... issues (4) to (6) which read thus:(4) whether the respondent is not a member of lohar caste (sc) and was not qualified on the date of his election to fill the seat in the assembly, from reserved constituency for sc?(5) whether nomination paper of respondent has wrongly and improperly been accepted?(6) reliefafter appreciating the oral and documentary evidence, the learned single judge of the high court by judgment dated 7.6.2005 held that the appellant failed to prove that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1121; 2001(3)ALLMR(SC)776; 2001(3)ALT50(SC); JT2001(3)SC167; 2001(2)SCALE227; (2001)3SCC594; [2001]2SCR118; 2001(1)LC557(SC)
..... 1)(d)(iv) read with section 123(4) of the representation of people act, 1951 (for short 'the rpa') and sought for further declaration that he should be declared as elected. one sampatrao yadav deshmukh was elected to the maharashtra state assembly from bhilawadi wangi constituency no. 270 of sangli district in the general election held in the month of march, 1995. he died on 6.5.1996. consequently, a notification was issued on 13.9.1996 for holding bye-election to the said constituency. the last date for filing nomination ..... 82(b) read with section 79(b). merely because he became an election agent of the respondent no. 1 subsequently after withdrawal of his candidature, he did not cease to be a 'candidate' within the meaning of section 79(b). sections 82 and 99 are independent and are to serve different purposes. sections 82 to 84 are included in chapter ii of the rpa dealing with the presentation of election petitions. section 82 speaks of the parties to be joined in the petition ..... and section 84 states as to the relief that may be claimed by the election petitioner. chapter iii contains sections 86 to 107 relating to trial of election .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj96
..... were to appear in the representation of the people act, it could hardly be urged with any justifications that it was unreasonable and fit to be struck down. simply because, such a provision was not made in that act, we cannot hold that the provision made in rule 13(1) is unreasonable without taking into consideration other circumstances which would be pointed hereinafter.14. learned counsel for the petitioner has next urged that the classification of literacy does not appear even for candidates who want to stand for ..... in rule 13 is not per se unreasonable because a member of a municipality has to discharge very responsible functions. for instance, the members of a municipal board have to make rules and bye-laws in the manner provided in chapter iv of the act and if they are not even able to read and write, it would be difficult for them even to copy out such rules and bye-laws from other similar enactments. they have thus to perform a legislative function to ..... paper from the same ward was non-petitioner no. 4, narain. on 28-7-1956, the returning officer scrutinized the nomination papers and rejected the nomination papers of the petitioner as also of non-petitioner no. 4.the petitioner's nomination paper was rejected on the ground that he did not fulfil thequalification as provided in rule 13 of the rajasthan town municipal election rules, 1951 (which will hereinafter be referred to as the 'rules'), because it was found by the returning officer that the petitioner was not capable .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT203
..... had no power to invalidate the votes polled in favour of the petitioner herein (returned candidate) is based or. the decisional law concerning election disputes under the representation of the people act. what shri chandrasekhar says although impressive at first sight becomes less so on closer examination. the analogy ought to be pressed into service, i think, is inappropriate. the representation of the people act, 1951 incorporates elaborate procedure, by part vi, regarding election disputes (sections ..... act are made applicable subject to the provisions of the representation of the people act. section 94 mandates that the secrecy of voting shall not be infringed. section 97 deals with the procedure of filing recriminating petition and when it can be filed. withdrawal and abetment of election petitions are dealt with in chapter iv. the conduct of election rules 1961 incorporate all the procedural details encompassing every relevant aspect. part ii deals, inter alia, with filing of nomination papers, allotment of symbols, list of validly nominated candidates ..... of each such practice. the nature of the relief that can be claimed is incorporated in section 84 - apart from a declaration that the election of the returned candidate is void, the petitioner can further ask for a declaration that he himself or any other candidate has been duly elected. chapter iii comprising sections 86 - 107 deals with trial of election petitions, by section 86 it is made obligatory on the part of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR451
..... 1-a) whether the petition is liable to be dismissed for non-compliance of provisions of sections 81 and 83 of the representation of peoples' act and the rules framed thereunder for not furnishing the true copy of the petition and affidavit accompanying in support of the petition.2) whether the petition is bad for non-joinder of necessary parties and as such liable to be dismissed?3) whether petitioner proves that the respondent does not belong to schedule tribe and as such was not eligible and qualified to file the nomination in the palghar constituency (no. 62) which is a reserved constituency for the candidates ..... contest the said election which exclusively remained reserved for the members belonging to schedule tribe and the rejection of the objection to her nomination by the returning officer was illegal. challenge is made needless to say as provided under section 100 of the representation of peoples act, 1951 (hereinafter referred to as the 'said act' for brevity sake). the petitioner has inter alia sought relief that the election of the respondent to the maharashtra legislative ..... petition, this court thought it appropriate to make this observation since the constitution has guaranteed various privileges to the schedule tribes including provisions for reserved constituency. (see chapter xvi of the constitution) with a view to provide them facilities and opportunities and a proper and eligible persons get benefit of the same at the same time eliminating unscrupulous persons .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3106; JT2006(8)SC293; 2006(6)KarLJ457; 2006(8)SCALE710; (2006)11SCC731
..... act, 1951. moreover, the writ of quo warranto in that case was issued in the light of several provisions of the prevention of corruption act, the representation of peoples act, 1951 and various other enactments which clearly prohibited the appointment of a convicted person to a public office. there is no legal postulation in the said judgment which seeks to restrain any interested party from challenging a judgment. in the instant case, the appellant did not solicit or engineer his appointment. his appointment was at the instance of the state government in accordance with provisions of the act and the rules. the state government has power to take its own decision for deciding on a suitable candidate ..... there are no separate conditions of service or tenure prescribed for 'directors', which expression under the act includes the managing director. appointments at the pleasure of the government are not the same as ordinary appointments. it was further submitted that ordinary principles of recruitment applicable to posts governed by chapter i of part xiv of the constitution of india would not apply to the instant appointment being an ..... relates to the merits of the nominations made to the reserved seats. it seems to us that the appellants do not have any right to challenge the nominations made by the central government. they do not compete for the reserved seats and have no locus standi in the matter of nomination to such seats. the assumption that if nominations to reserved seats are not .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant220; AIR1961Mys220
..... by relying upon the decision reported in v. v. giri v. d. suri dora, : [1960]1scr426 . that decision proceeded on the basis of the provisions of the constitution and of the representation of the people act in relation to elections in respect of the multi-member constituencies where certain seats are reserved for scheduled castes and scheduled tribes. having regard to the constitutional principle that the election is one ..... the state, are not adequately represented in the services . 33. the decision of the supreme court was pronounced on the 9th of april 1951. the constitution first amendment act of 1951 was passed and came into force on the 18th of june 1951. by section 2 of the said act, a clause was added as the fourth clause to article 15 reading : 'nothing in this article or in clause (2) of article ..... from the funds of the state. from the point of view of the university, those colleges are in the position of affiliated colleges. now. the subject of affiliation is dealt with in chapter vi-a if the mysore university act and section 44-a therein deals with the conditions which have to be satisfied by a college before it can secure affiliation to the university. those conditions ..... available in the b. m. s. college, 20 per cent of the seats i. e, 24 in all, were left to be filled by the management of the college, the committee selecting candidates only for the remaining 96 seats. likewise, 2 seats were reserved for nomination by the donor of the b. d. t. college, davangere. thus, 424 .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(57)BLJR117; [2008(4)JCR260(Jhr)]
..... has got no cause of action and the present petition was liable to be dismissed under order 7 rule 11 of c.p.c. as well as section 86(1) of the representation of peoples act, 1951 (hereinafter referred to as 'the act'). further the present petition was barred under the principles of res judicata and constructive res judicata as on same facts and reason his nomination paper for the year 1995 assembly elections was also rejected. the petitioner had then filed election petition no. 2/95 before the patna high court, which ..... union of india on 29.11.1979 by the ministry of law, justice and company affairs duly attested by the assistant controller (business) government of india, department of publications, civil lines, delhi at page-652 showing the list of scheduled tribes chapter-1 constitution (scheduled tribes) orders, 1950 in which the list of such scheduled tribes at part-iii for bihar serial no. 22 specifically mentioned 'lohar/lohra'. according to sri singh, this aspect has been considered by the apex ..... which has been further relied upon by full bench of patna high court in harisharan thakur case 1994 (2) pljr 540. therefore the returning officer having relied upon nitya nand sharma's case has acted illegally, rejecting the nomination papers of the petitioner. sri singh further pointed out that the returned candidate has described himself his religion as 'christan' and in accordance with the gazetteer 'santhal' having converted to christianity have been held not 'santhals'. as such .....
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