Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Sorted by: recent Court: allahabad Page 1 of about 40 results (0.190 seconds)

Jawahir Singh Vs. Election Commission of India and Another

Court : Allahabad

Reported in : 1998(2)AWC836

..... by section 8 and its subsections may be left open to the returning officers while scrutinising the nomination papers under section 36 of the representation of people act. it is precisely the duty of the election commission to issue necessary guidelines for uninterrupted lawful and secure completion of election process. ..... courts and they have taken the view that the release on bail does not wipe off the disqualification under the said section 8 of the representation of the people act, 1951 ; and whereas, it has been observed that the hon'ble madhya pradesh high court, while dealing with the case of ..... persons convicted by courts of law for certain offences, are entering into election fray and contesting as candidates ; and whereas, section 8 of the representation of the people act, 1951, lays down the conditions under which a person would be disqualified on grounds of conviction..... whereas ............................. whereas ............................. (the exact wordings are .....

Nawab Khan Vs. Vishwanath Shastri

Court : Allahabad

Reported in : AIR1993All104

order1. this is an application by the respondent under the representation of the people act, 1951 (briefly the act) that the election petition filed by the petitioner be dismissed under section 86 of the act for non compliance of the provisions of section 81 .....

Madan Mohan Vs. Arun Shourie and 11 ors.

Court : Allahabad

..... not seem to be sustainable.conclusion76. right to elect or to be elected or to raise dispute against the return candidate are governed by statutory provisions contained in the representation of people act and rules thereunder. the provision contained in the act has got statutory force vide : 2002 (3) scc 521, michael b. fernandes v. c.k. ..... the parties, this court by an order dated 21.3.2006 had framed the 33 issues.service of copy of petition29. section 83 of the 'the representation of the people act, 1951 (in short hereinafter referred as the act) provides that an election petition shall contain a concise statement of the material facts on which the ..... after amendment of the election petition, the affidavit sworn and filed along with election petition originally does not fulfill the requirement of section 81 (3) of the representation of peoples act. the petitioner had sworn the affidavit on 13.7.2004 but no fresh affidavit was filed keeping in view the amendment incorporated on 4.8.2004. .....

Bhagwati Prasad Vs. J.K. Tandon and ors.

Court : Allahabad

Reported in : AIR1957All354

..... authority to whom it must be presented and who is to hear the petition is the sub-divisional officer. this provision may be compared with section 80 of the representation of the people act, 1951, which enacts that '80. election petitions.--no election shall be called in question except by an election petition presented in accordance with the provisions of this ..... at p. 67) (a) and it is clear on the authority of this case that the word 'election' in article 329(b), and in section 80 of the representation of the people act, 1951, is used in the wider sense with the consequence that the question whether a nomination paper has been rightly accepted or rejected can be determined only by ..... -c (1) of the panchayat raj act notwithstanding the fact that the sub-section is couched in terms which differ from those used in section 80 of the representation of the people act, 1951. in the first place section 12-c was inserted in the original act by an amending act of 1955 (act ii of 1955).the general law .....

Major S.N.Tripathi ( as Per Electoral Roll) Vs. the Election Commissio ...

Court : Allahabad

..... b. singh, senior advocate, assisted by sri amit jaiswal, learned counsel for the opposite parties. the petitioner preferred this election petition under section 81 of the representation of people act, 1951 (hereinafter known as r.p. act) challenging the validity of the election of the opposite party no. 3/returned candidate. the petitioner has prayed ..... petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.] section 86 of the representation of peoples act defines the trial of election petitions, which reads as under: 86. trial of election petitions. (1) the high court shall dismiss an election petition ..... with any petition seeking such interference must strictly conform to the requirement of law. moreover, it was stated that the virus of the provisions of the representation of peoples act cannot be challenged in an election petition, as held by hon'ble supreme court in the case of hari shanker jain v. sonia gandhi; 2001 .....

Smt. Durga Vs. Election Commissioner, State of U.P. and ors.

Court : Allahabad

Reported in : 2002(2)AWC1394

..... by or under any law made by the appropriate legislature.'4. that apart, in our view, appropriate remedy is to file an election petition under chapter ii of the representation of the people act, 1951 thereinafter referred to as the act). the relevant sections i.e., sections 80, 80a, 81 and 100, in the said chapter are set out herein below :'80 .....

Hari Krishna Lal Vs. Atal Bihari Bajpai

Court : Allahabad

Reported in : AIR2003All128

..... in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the representation of the people act, 1950. section 36(8) obliges the returning officer to prepare a list of validly nominated candidates. section 37 provides for withdrawal of candidature ..... formulated :'whether the petitioner has no locus standi to maintain the petition as he was not a 'duly nominated candidate' under the provisions of the representation of the people act and the constitution of india if so, does the election petition deserve to be summarily rejected on this ground alone ?'4. the undisputed facts ..... petitioner whose nomination paper was rejected by the returning officer has filed the instant petition under section 81 read with section 100(1)(c) of the representation of the people act, 1951 (hereinafter referred as the act) challenging the election of 13th lok sabha from 20 lucknowparliamentary constituency which was held in the year 1999 .....

Satya Deo Singh Vs. Chief Electoral Officer, U.P., Lucknow and Others

Court : Allahabad

Reported in : 2000(1)AWC61

..... court after considering the definition of 'elector' as defined in section 2(e) of the act, the qualifications mentioned in section 16 of the representation of the people act, 1950. the qualifications as provided in article 173 of the constitution and the disqualifications for membership as prescribed in article 191 of the constitution dismissed ..... upon the observance of restraint on the part of the constitutional functionaries.'7. according to the learned counsel for the respondents under section 100 of the representation of people act, 1951 (hereinafter referred to as the act), the grounds have been indicated for declaring election to be void and precisely section 100(c) deals ..... court of bombay (aurangabad bench) has interfered not once but twice wtth the process of election which was being held under the provisions of the representation of the people act, 1951 (hereinafter referred to as the act) to the legislative council of the state of maharashtra from the osmanabad-cum-latur-cum-beed .....

Juggilal Vs. District Judge, Bahraich and Others

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 .....

Har Sharan Varma Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1987All294

..... the council of ministers. in support of his plea he has placed reliance upon articles 84, 99 and 104 of the constitution and, section 36 of the representation of the people act.2. the answer to the petitioner's contention is to be found in articles 74 and 75 of the constitution. article 74(1) provides that there ..... sits in the house as a member of the council of ministers in order to discharge the constitutional obligation cast under article 75(3).11. representation of the people act deals with election of peoples' representationto parliament and the state legislatures. since sri saeed has not been elected to either house of parliament, this act is not at allattracted. ..... a minister, sri saeed will have to sit in the parliament, as under article 75(3) the council of ministers is collectively responsible to the house of the people, but without subscribing to the oath referred to in article 99 he cannot have a seat in parliament. without having a seat in the parliament, the petitioner contends, .....