Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Sorted by: recent Court: jharkhand Page 1 of about 6 results (0.085 seconds)

Umesh Kumar Singh Vs. State Election Commission Through the State of E ...

Court : Jharkhand

..... of his conviction in a criminal case, the hon'ble supreme court in the case of krishnamoorthy (supra) after dealing with the relevant provisions of section 123 of representation of peoples act, 1951 and also other relevant provisions of the act of 1951 and the precedents on the point, held that if the candidate has the special knowledge of ..... of specific requirement of law under section 543(1)(a) of the act of 6. 2011 read with section 586(b) and parameteria provisions of section 123 of representation of people act, 1951 and in the light of what has been held by the apex court in the case of krishnamoorthy (supra), leaves no room of doubt that ..... . section 586(b) has been relied upon by the counsel for the respondent which spells that undue influence as defined in clause (ii) of section 123 of representation of the people act, 1951 would be treated as corrupt practices. learned counsel for the respondent commission submits that the hon ble supreme court in the case of krishnamoorthy (supra) .....

Dr Suraj Mandal Vs. Dr Ravindra Kumar Ray and Anr

Court : Jharkhand

..... mandal by the petitioner as his election agent, the earlier appointment, if any, of ravi kant singh stood revoked under section 42 of the representation of the people act by implication. learned counsel has submitted that since no polling agent was appointed by jai prakash mandal, there was no occasion for allowing the ..... election process. it is the specific case of the election petitioner that ravi kant singh was his election agent appointed under section 40 of the representation of the people act and his appointment was never revoked by the petitioner by the procedure prescribed under section 42 of the said act. learned counsel accordingly, submitted ..... assembly segments, whether that shall be a good ground for declaring the election of the returned candidate void under section 100(1)(d)(iv) of the representation of the people act, 1950.2. the election petitioner had contested the parliamentary election for 05, kodarma parliamentary constituency, held in the months of march, april and .....

Jay Shankar Pathak and Another Vs. Election Commission of India and Ot ...

Court : Jharkhand

..... election commission is vested with the power under article 324 of the constitution of india and is discharging this responsibility by following procedures provided in the representation of peoples act, 1951. in the act there is no provision for submitting a request for rescinding of the election notification to the president of india. section ..... discipline in the name of secrecy of voting. in paragraph 459 while considering the amendment in issue has observed that the parliament brought amendment through the representation of people (amendment) (act 40 of 2003) on the basis of the need to avoid cross-voting and wipe out evils of corruption as also to maintain ..... of india and ors.( [2006) 7 scc, 1 ) and upheld the constitutional validity of the amendment brought about in r.p. act, 1951 through the representation of the people( amendment) act, 2003 ( act 40 of 2003) after holding that these two measures may proven cross-voting and voting for illegal consideration. therefore, the election .....

Surendra Sharma Alias Surendra Prasad Sharma Vs. Stephen Marandi

Court : Jharkhand

Reported in : 2008(57)BLJR117; [2008(4)JCR260(Jhr)]

..... arrived and mentioned above, i find that the petitioner has filed this petition without valid cause of action and not maintainable under section 82 and 83 of the representation of peoples act, 1951, issue no. 1 and 2 are accordingly decided against the petitioner.29. in the result, i find and hold that the present election petition ..... valid cause of action?(ii) whether the present election petition is liable to be dismissed summarily for non compliance of the provisions of section 82 and 83 of the representation of people's act, 1951?(iii) whether petitioner was declared member of scheduled tribes in the state of jharkhand being 'lohar' by caste?(iv) whether order of the ..... 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 .....

Kamal Kant Prasad Sinha, Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2008(2)JCR603(Jhr)]

..... are framing reservations for the last 60 years, whereby promoting fissiparous tendencies among the citizens of india. the continuation of reservation in the matter of representation of the scheduled castes and scheduled tribes has deprived the citizens of unreserved categories from offering themselves as candidates in the election of parliament and state ..... reservation of seats for the scheduled castes and scheduled tribes in the house of the people and in the legislative assemblies of the state; and(b) the representation of the anglo-indian community in the house of the people and in the legislative assemblies of the states by nomination,shall cease to have effect on ..... the reservation of seats for scheduled castes and scheduled tribes in the house of the people and in the legislative assemblies of the states; and(b) the representation of the anglo-indian community in the house of the people and in the legislative assemblies of the states by nomination,shall cease to have effect on .....

Uday Shankar Ojha and ors. Vs. Jharkhand State Election Commission and ...

Court : Jharkhand

Reported in : [2008(2)JCR249(Jhr)]

..... and sundarpahari blocks within the district of godda.21. undisputedly, despite existence of municipalities and other such institutions, there was no sufficient representation of the weaker sections of the people belonging to scheduled castes, scheduled tribes and women and they were always found to be suppressed community. in many states, local bodies ..... is liable to be struck down. learned counsel further submitted that bundu nagar panchayat is such an area which consists of 12 wards. the percentage of representation of members of scheduled tribes is 13.8%, scheduled castes 14.8% and backward class 18.2%. out of 12 wards, 2 wards have been ..... became weak and ineffective for since long due to super session and inadequate devolution of powers and functions upon the weaker sections of the society. in order to provide adequate representation .....

Bidesh Singh Vs. Madhu Singh and ors.

Court : Jharkhand

Reported in : [2005(1)JCR173(Jhr)]

..... has observed that :'.....even if for any reason, it is held that any of the provisions contained in the symbols order are not traceable to the representation of the people act or the conduct of election rules, the power of the commission under article 324(1) of the constitution which is plenary in character can encompass ..... of booth no. 35 of 318 panki assembly constituency ?(iv) whether the election petition is fit to be dismissed for non-compliance of mandatory requirements of the .representation of people act, 1951, condct of election rules, 1961 and high court rules in election matters ?(v) whether in view of the corrupt practices committed by the election ..... is barred by the principle of waiver, estoppel and acquiescence and besides that it is not in strict compliance of the provisions of section 83 of the representation of people act, 1951 (hereinafter referred to as the said act) as it is miserably lacking in furnishing adequate statement of material facts within the purview of section .....