Court : Supreme Court of India
Reported in : AIR1957SC694; [1957]1SCR1081
Das, C.J.1. The petitioners in the above petitions have moved this Court to exercise the jurisdiction and power vested in it by and under Art. 71(1) of the Constitution of India and to inquire into and decide what has been described as a 'grave doubt' in connection with the election of the President of India and to direct the Election Commission not to proceed with the polling in connection with the said election which has been fixed for May 6, 1957, but to hold the same after duly completing all the elections to the Lok Sabha and the Legislatures in all the States of the Indian Union including the Union territory. The first main petition was presented on April 26, 1957, and the second on April 29, 1957. Along with each of the said petitions has been filed a Civil Miscellaneous Petition asking for a stay of the polling for the Presidential election fixed for May 6, 1957. In the first main petition the Returning Officer has not been made a party, but in the second petition he has been i...
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj292
Bhagwati, J.1. Yesterday, on the conclusion of the arguments, we passed an order allowing the petition and making the rule absolute by issuing a writ of certiorari quashing and setting aside the order of the first respondent dated 12th January 1967. We now proceed to state our reasons for making the order.2. The Petitioner is the erstwhile Ruler of the quondam State of Wadhwan. Though according to the petitioner, he was ordinarily resident in Wadhwan, his name did not appear in the electoral roll for the Wadhwan Assembly Constituency and he, therefore, made an application to the Electoral Registration Officer for inclusion of his name in the electoral roll of the Wadhwan Assembly Constituency under Section 23 of the Representation of the People Act, 1950. The application was on a printed form which was supplied by the Electoral Registration Officer on a request being made in that behalf, and it was supported by one Trambaklal Mohanlal Dave, who was an elector on the electoral roll of t...
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom217; (1964)66BOMLR784; ILR1965Bom184; 1965MhLJ146
Gokhale, J.(1) This petition under Article 226 of the Constitution Challenges the order made by the Assistant Judge, Kolhapur, by which he dismissed the petition filed by the petitioner seeking to have the election of respondent No. 5 set aside on various grounds.(2) The election in question was of the Panchayats Samiti of the sidhanerli Electorate Group from Sangav Gat. The petitioner as well as respondents Nos. 5 to 9 were the contesting candidates at the said election. The election was held on 31st July 1962. The date of the election was fixed by a notification issued by the Collector of Kolhapur as required by S. 14 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1962 (hereinafter referred to as 'the Act'). The time for the election as notified in the notification issued by the Collector was from 11 a.m to 5 p.m. The votes were counted on 3rd of August 1962 and it was found that the petitioner and respondent No.5 had polled an equal number of votes, viz . 17 votes each...
Tag this Judgment!Court : Gujarat
Reported in : (1982)1GLR88
N.H. Bhatt, J.1. This is a petition under Article 226 of the Constitution of India filed by the two Councillors of the Vadodara Municipal Corporation impleading the remaining 58 Councillors as respondents and also the Vadodara Municipal Corporation, its Commissioner, its Ex-Mayor, continuing as Mayor because of the non-election of the new Mayor, its Ex-Deputy Mayor, the Secretary of the Corporation and the State of Gujarat as other respondents. This petition presents a unique situation in the sense that no reported case presents the peculiar factual aspects which we come across in this case.2. In order to comprehend fully the controversy that had been rigorously raged before me, certain facts require to be stated. The respondent No. 1 Vadodara Municipal Corporation is a Corporation constituted under the provisions of the Bombay Provincial Municipal Corporations Act, 1949 (the 'Act', for short) The term of the Councillors of this Corporation elected in the year 1975 had become over and ...
Tag this Judgment!Court : Supreme Court of India
R.M. Lodha, J.1. Leave granted.2. The two paragraphs - 7(A) and 7(D) - of the election petition occupied significant time of this Court on 3 days - February 7, 2012, February 9, 2012 and February 14, 2012 - to determine the correctness of the order dated June 21, 2011 passed by the Orissa High Court whereby the High Court directed that the election petition shall proceed in respect of the pleadings contained in these two paragraphs.3. On the announcement of the 14th Assembly Election to the Orissa State Legislative Assembly, insofar as it related to 25 - Champua Assembly Constituency, the following schedule of election was notified:SCHEDULE OF ELECTION28.3.2009 To 4.4.2009PERIOD PRESCRIBED FOR FILLING NOMINATION.6.4.2009DATE FIXED FOR SCRUTINY OF NOMINATION8.4.2009DATE OF WITHDRAWAL23.4.2009DATE OF POLLING16.5.2009DATE OF COUNTING/ DECLARATION OF RESULT.28.5.2009DATE BEFORE WHICH THE ELECTION SHALL BE COMPLETED.4. As per the above schedule, on expiry of the time of withdrawal on ...
Tag this Judgment!Court : Andhra Pradesh
(Prayers: Election Petition under Section 81, r/w, Section 5 (a), Section 100 (1) (a) and (d) (i) of the Representation of the people Act 1951, praying that in the circumstances stated in the affidavit, the High Court may be pleased to a) declare the election of Janardhana That Raj Veera Vara Thodaramala (Respondent No.1) to the 130 Kurupam (ST) Assembly Constituency to be null and void and set aside the same; b) further declare that the petitioner has been duly elected as Member of the 130 Kurupam (ST) Assembly Constituency under Sec. 84 of the Representation of the People Act 1951. The Petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. Boppa Tarakam, Sr. Advocate for V. Raja Manohar, Advocate for the Petitioner and of Sir. D. Prakash Reddy, Sr. Counsel for Sri P. Kesava Rao, Advocate for the Respondent No.1 and Respondent No. 2 to 6 are not appearing in person or by Advocate.) 1. An election pet...
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All354
Mootham, C.J.1. This is a petition under Article 226 of the Constitution which raises a question of some importance as to the powers of the Director of Elections appointed under the Panchayat Raj Rules.2. The relevant facts can be shortly stated. The petitioner and the third respondent were nominated as candidates for election to the office of Pradhan of a Gaon Sabha. Both candidates duly presented their nomination papers to the Assistant Returning Officer on the 23rd November, 1955, which was also the date fixed for the scrutiny of nominations.The nomination paper of each of these candidates was, after scrutiny, accepted by the Assistant Returning Officer. On the 3rd December, 1955, the Assistant Returning Officer made an order rejecting the nomination paper of the third respondent on the ground that he, having been convicted of an offence involving moral turpitude, was disqualified from nomination, and on the following day, that is on the 4th December, the Assistant Returning Officer...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H456
1. The petitioner Shri Mangal Sein has called in question the election of Shri Sri Kishan Dass to the Haryana Legislative Assembly from Rohtak constituency by an election petition filed under Section 81 and Section 100 of the Representation of the People Act, 1951 (hereinafter referred to as the Act).2. A notification was issued under Section 15 of the Act. This notification was published in the Official Gazette on 4th February, 1972. The notification called upon all the Assembly constituencies in the State of Haryana to elect members to the Haryana Legislative Assembly in accordance with the provisions of the Act and the rules and orders made thereunder. By another notification published in the official Gazette under Section 30 of the Act, the Election Commission fixed 11th February, 1972 as the last date for filing the nomination papers. 13th of February, 1972, was fixed as the date for the scrutiny of the said nominations. The nominations could be withdrawn by the 14th February, 197...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3701; JT2003(7)SC99; (2004)1MLJ23(SC); 2003(6)SCALE157; (2003)7SCC66
ORDER1. The question as to the interpretation of Section 116A of the Representation of the People Act, (thereafter referred to as 'the Act') falls for consideration in this appeal which arises out of a judgment and order dated 31.07.2002 passed in Misc. Case No. 28/01 in Election Petition No. 17/2001 whereby and whereunder the election petition filed by the appellant herein was dismissed.2. The last general election for Assam Assembly was held in May 2001. Abhayapuri South Legislative Assembly Constituency is a reserved constituency. The respondent herein filed his nomination for contesting election from the said constituency. On the date of scrutiny of nominations, an objection was made that the respondent was not a member of the Scheduled Caste and, therefore, his nomination was liable to be rejected. However, the Returning Officer overruled this objection. The respondent having received majority of valid votes in the election was declared a member of the Legislative Assembly from Ab...
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom31; 1992(1)BomCR12; 1991(2)MhLj1272
ORDERPendse, J.1. Rule, returnable forthwith.Shri Tulzapurkar waives service on behalf of the respondents.Petition is taken up immediately for hearing in view of urgency of the matter.1. The Institute of Chartered Accountants of India is a body incorporated under Section 3 of the Chartered Accountants Act, 1949, and has been formed with the object of regulating the profession of Chartered Accountants. Respondent No. 2 is the Secretary of the Association. Section 9 of the Act provides for constitution of the Council of the Institute and prescribes that the affairs of the Institute shall be managed by the Council. The Council comprises of not more than 24 persons elected by members of the Institute from amongst the fellows of the Institute and six persons nominated by the Central Government. Sub-section(1) of Section 10 provides that elections shall be conducted in the prescribed manner. Section 30 of the Act confers power upon the Council to make regulations for the purpose of carrying ...
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