Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... attention to the judgment of this court in sangram singh v. election tribunal, kolah, : [1955]2scr1 . there the court had to consider the effect of section 105 of the representation of the people act, 1951 (act xliii of 1951) which provided that 'every order of the tribunal made under this act shall be final and conclusive'. the contention there put forward was ..... conditions under which they live, backward. therefore, the sc and st population in so far as educational admissions and public employment is concerned; the emphasis in the constitution is adequate representation. in the matter of reservation for political bodies - house of people, state legislature or local bodies at rural and urban level - is concerned, the emphasis in the constitution is proportional .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALD623; 1999(6)ALT406
..... was submitted that the chief minister or the respondents did not incur any legal disqualification as envisaged by the constitution or chapter iii of the representation of people act, 1951. no relief has been sought against the election commission. the election commission was never prevented from holding the elections. the matter ..... against members from sitting.' 22. disqualification to be the member of the parliament or legislative assemblyhas been provided for under the constitution or the representation of people act and similar such other statutes. nothing has been pointed out at the bar, during the course of arguments, that there is any constitutional ..... the democracy or its fineness or niceties of the philosophy of democracy. in its letter and spirit, it is the government of the people, by the people, for the people. freedom of public opinion provides a democratic counterweight to the undemocratic independence of conduct of the representatives and governmental functioning. the check .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD775; 1998(3)ALT310
..... developed between the general body members of the society and the parent teachers association. with the result the president of the parent teachers association submitting representations against the illegal activities of these handful of persons who are trying to knock away the publicproperties. in these circumstances, these individuals prepared a ..... that imparting education is the principal activity of the government and the private institutions can only supplement the effort of the state in educating the people and no private educational institution survives or subsists without recognition and/or affiliation, unni krishnan's case (supra). further there was no occasionfor the ..... unni krishnan 's case : [1993]1scr594 in the following terms : 'the private educational institutions merely supplement the effort of the state in educating the people, as explained above. it is not an independent activity. it is an activity supplemental to the principal activity carried on by the state. no private .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT175
..... water disputes act, 1956 and contended that the constitution and the law made under it has recognised the special nature of the inter-state water dispute and the representation of the cause of people of the state by the state in its sovereign capacity. he has drawn our attention to the judgment of the supreme court of united states in state of ..... of sound judicial discretion would prompt she court to leave the cause of the citizens/ people of the state in the hands of the government of the state as its arms are not limited to only a few representations of the public but extend to the whole populous of the state and as a party to the award/decision of the ..... one state or the other state and opportunity of being heard, of course not the hearing as understood in a proceeding in a court of law, but limited to the representation of the case in all aspects, and to decide by a specific order/direction the disputes and implement the decision of the tribunal or alternatively to frame a scheme or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(3)ALT568
..... duly elected to the legislative assembly on 5-4-1993. the election petitioner filed the election petition for the reliefs mentioned above under the provisions of the representation of the people act, 1951, for short 'the act'.3. when the election petition was presented in the registry, it raised the following objections, among others:-(1) ..... the election petition, contended that the presentation of election petition and the procedure thereof are governed by 'rules to regulate the trial of election petitions under representation of the people act, 1951, for short 'the rules', framed by the high court as well as the code of civil procedure in view of section 87 of ..... the above, the learned judges made the above extracted observation in para 11 of the judgment. those observations will have no application to the present case. representation of the people act, 1951 underwent several amendments. corresponding section for section 85 in the act, as it stands now is section 86 in which section 82 is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP157; 1991(2)ALT496
..... as a criminal charge and the principle of preponderance of probabilities would not apply to corrupt practices.....'though this is said in cases arising under the representation of the people act, 1951 the same principles govern the questioning of elections under the andhra pradesh gram panchayats act, 1964 and the rules, and more so when ..... election tribunal in that case held that the election of the returned candidate could not be set aside under section 100(1)(d)(iv) of the representation of the people act, 1951 which provides that the election of the returned candidate shall be declared as void ifthe result of the election has been materially affected ' ..... dueto the said impersonation, rigging, etc. healso contends that the language of rule 51 ofthe rules is different from the language ofs. 83 of the representation of the people act,1951. he submits that the 1st respondent wasright in declaring the election of the petitioneras void.12. according to the learned counsel for the petitioner, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1991]72CompCas588(AP)
..... one-third of the total number of members of the committee, whichever is less. thus, even in a case where the government's shareholding is 95%, its representation on the committee of the society cannot exceed one-third of the total number of members of the committee. so far as the general body is concerned, it ..... dispense with, duplicate, or replicate the existing system. it was not to supplant the existing judicial system, but to confer an additional power in the service of people and constitution that this extraordinary power was created. it is for thisreason that notwithstanding the wide language of art. 226, courts have been observing certain self-imposed ..... review of administrative act, 4th ed. p. 540). we share this view. the judicial control over the fast expanding maze of bodies affecting the rights of the people should not be put into watertight compartment. it should remain flexible to meet the requirements of variable circumstances, mandamus is a very wide remedy which must be easily .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT203
..... of such election petitions all questions raised are determined with reference to the statutory provisions. the 'rationes deci dendi' of the rules under the representation of the people act cannot in full measure be extended to the trial of election petitions under the co-operative societies act which does not, as already ..... justification for thesecretry of ballot being breached in the petitioner's case.'(paras 13 and 14 at p.643)the position obtaining under the representation of the people act or other enactments concerning elections to municipalities and panchayats bears no acceptable analogy to elections conducted under the co-operative societies act. ..... 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, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1985AP169
..... 13-3-1983 an additional issue was framed which is in the following terms. whether the rejection of nomination of chamala surayya is justified under section 9a of the representation of the people act, 1951, or not? 7. thus it is seen broadly the issues cover two questions. (1) whether the change of symbol of the 1st respondent from ..... the order of the returning officer in full which is marked as ex. a-5. 'i have examined this nomination paper in accordance with s. 36 of the representation of the people act, 1951 and decide as follows: since the candidate is a fair price shop dealer in basangi in parvatipuram taluk appointed by the rdo, pvp and getting pecuniary ..... supply of goods and contracts for the execution of any works'. it is clear the other category of contracts for the performance of any services was omitted 42. the representation of the people (amendment) act, 1966 has replaced s.7 (d) by the present s. 9-a with explanation added to it. in this connection it is pertinent to note .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP132
..... above stated facts the 1st respondent is disqualified to be chosen as a member of the legislative assembly as per the provisions of section 9-a of the representation of the people act, hereinafter referred to as 'the act.' section 9-a reads thus:-'disqualification for government contracts, etc.:- a person shall be disqualified if and for so ..... the selection of the 1st respondent for the indurti assembly constituency is void on the ground that he is disqualified under s. 9-a of the representation of the people act, as there subsists a contract entered into by him in the course of his trade or business with the state government being the highest bidder in ..... when these two contracts with the government for the sale of arrack and toddy are subsisting, the 1st respondent is disqualified under s. 9-a of the representation of the people act to be chosen to fill the seat in the legislative assembly and therefore, the result of the election has been materially affected by the improper acceptance .....
Tag this Judgment!