Array ( [0] => ..... an election petition, which was registered as election petition 3 of 1998 impugning the election of the appellant alleging corrupt practice under section 123(6) of the representation of peoples act (hereinafter referred to as "the act"), in as much as the appellant is alleged to have incurred or authorised expenditure in contravention of section 77 of ..... to the conclusion that material facts in relation to an allegation of corrupt practice within the ambit of section 123(6) read with section 77 of the representation of the people act are lacking and, therefore, the election petition must be held to be not maintainable. in our view, the high court committed error in coming ..... .so far as the second question is concerned, mr. venugopal,s contention is based upon the language used in the proviso to section 83(1) of the representation of people act. the proviso to section 83(1) reads thus:-"83. contents of petition. (1) an electionpetition(a) shall contain a concise statement of the material ..... [1] => ..... ors. vs . surjeet singh and ors. - : [1980]3scr946 and ramchandra ganpat shinde and anr. vs . state of maharashtra and ors. - : air1994sc1673 . learned counsel also referred to section 100 of representation of peoples act and a decision in the case of shri shreewant kumar choudhary vs . shri baidyanath panjiar - : air1973sc717 . in sum and substance, the argument is that since the breach of rule ..... challenged where there is non-compliance of the provisions of the constitution or of the said act and the rules or orders made thereunder - meaning thereby that breach of the representation of people act, 1950 cannot be called in question in an election petition filed under 1951 act. in that view of the matter, the decision replied upon by the appellant is ..... [2] => ..... ) of the clra act (referred to in this judgment as 'the prohibition notification') prohibiting the employment of contract labour in four specified stockyards of the appellants at calcutta. on the representation of the appellants, the government of west bangal kept in abeyance the said notification initially for a period of six months by notification dated august 28,1989 and thereafter extended ..... other similar forms of forced labour. the directive principle of state policy incorporated in article 38 mandates the state to secure a social order for promotion of welfare of the people and to establish an egalitarian society. article 39 enumerates the principles of policy of the state which include welfare measures for the workers. the state policy embodied in article 43 ..... [3] => ..... power of amendment or to strike out parties cannot be used at all. the civil procedure code applies subject to the provisions of the representation of the people act and any rules made thereunder (see s. 87). when the act enjoins the penalty of dismissal of the petition for ..... void under section 100(1)(b) and 100(1)(d)(ii) and 100(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 ..... election prospects. other workers of respondent no. 1 (along with said shri sampatrao chavan) were also distributing the reconstructed handouts/bills to various people of village nagrale, taluka tasgaon, district sangli.' 19. this apart, one thing is clear that since he did not cease to be ..... shivaraj v. patil j.1. these appeals are filed under section 116a of the representation of people act, 1951, aggrieved by the judgment and order dated 29.1.1998 of the high court ..... [4] => ..... aside the election of the appellant from 61-nachan (s.c.) assembly constituency and declaring it void, this appeal has been filed by the appellant under section 116a of the representation of people act, 1951 (for short `the rpa'), calling in question the correctness and validity of the said judgment and order of the high court.2. the material and relevant facts ..... not aware whether the request made by nikka ram was accepted.' in his evidence, he stated that he never found nikka ram canvassing in his presence. he only heard some people telling that he was trying to tell that after winning the election, he would formally join bjp. he was unable to give names or particulars of those some persons who ..... [5] => ..... and, therefore, election petition is liable to be dismissed on the ground of breach of provision of section 81(3) read with section 83 and 86 of the representation of people act.4. is petitioner entitled to declaration that he is duly elected candidate.5. whether in the alternative, petition is entitled to have fresh election for all the ..... the same was signed by 10 members of the legislative assembly, as proposers when the same was blank, thereby provisions of section 100(1)(d)(i) of the representation of people act are violated.2. whether election petition is barred by limitation having not been filed within 45 days from the date of election of respondent no. 1 viz. ..... no. 1 filed in the said election was invalid in law since the same was not subscribed by the proposers as required under section 33(1) of the representation of the people act, 1951 (for short 'the act') because the proposers did not consciously propose the nomination of respondent no. 1 and they had signed only a blank form ..... [6] => ..... judicial determination.30. to what extent article 329(b) has an overriding effect on article 226 of the constitution? the two constitution benches have held that representation of the people act, 1951 provides for only one remedy; that remedy being by an election petition to be presented after the election is over and there is no ..... secured an ex-parte order staying the issuance and publication of the notification by the election commission of india under sections 30, 56 and 150 of the representation of the people act, 1951. this court deprecated granting of such ex-parte orders. during the course of its judgment (vide para 8) the majority speaking through the ..... to the electoral roll be heard and disposed of in accordance with the rules; and that, no notification be issued under section 15(2) of the representation of the people act, 1951 calling for election to the west bengal legislative assembly, until the rolls were duly revised. the high court entertained the petitions and gave interim ..... [7] => ..... so far as the disqualifications attaching to such persons are concerned. chaturvedi, j. noticed the well-settled practice in england having been adopted in the representation of the people act and held that an entry in the electoral roll has to be taken to be conclusive proof of the fact that the person fulfils the requisite ..... the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house of houses.10. the representation of the people act, 1951 was enacted to provide for the conduct of elections to the houses of parliament and to the house of houses of the legislature of each ..... in the succeeding paragraph.3. on 22-10-1986 the chief electoral officer, bihar in exercise of the powers conferred by section 27(3)(b) of the representation of the people act, 1950 (hereinafter the 1950 act, for short) issued a notification no. 1248 publishing a list of educational institutions of the state which shall be ..... [8] => ..... shall not be invalidated by reason of the election of a person as president or vice-president being declared void. so also section 107(2) of the representation of the people act, 1951 (43 of 1951) provides that acts and proceedings in which a person has participated as a member of parliament or a member of the ..... to act as such.8. the order dated 17th december, 1996 is bad because it was passed without affording the petitioner an opportunity of submitting a pre-confirmation representation, as was directed by this court on 16th december, 1996.6. none of the grounds found favour with the learned single judge who after hearing dismissed the writ ..... right of judicial review both on law and facts as also determine the adequacy of punishment being commensurate with the gravity of the offence charged. judicial approach by people well-versed in objective analysis of evidence trained by experience to look at facts and law objectively, fair play and justice cannot always be sacrificed at the ..... [9] => ..... . poverty demands affirmative action. its eradication is a constitutional mandate. the purpose of article 16(4) is to give adequate representation in the services of the state to that class which has no representation. this article carves out a particular class of people and not individuals from the weaker sections and the class it carves out is the one which does not have ..... adequate representation in the services of the state. pandian j., in his concurring but separate judgment had observed:though 'equal protection' clause ..... ) Representation of the People Act 1951 Chapter I Nomination of Candidates - Sortby Recent - Court Supreme Court of India - Page 10 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Sorted by: recent Court: supreme court of india Page 10 of about 180 results (0.212 seconds)

Jan 08 2002 (SC)

Kamalnath Vs. Sudesh Verma

Court : Supreme Court of India

Reported in : AIR2002SC599; 2002(3)ALLMR(SC)611; JT2002(1)SC15; 2002(1)SCALE61; (2002)2SCC410; [2002]1SCR63

..... an election petition, which was registered as election petition 3 of 1998 impugning the election of the appellant alleging corrupt practice under section 123(6) of the representation of peoples act (hereinafter referred to as "the act"), in as much as the appellant is alleged to have incurred or authorised expenditure in contravention of section 77 of ..... to the conclusion that material facts in relation to an allegation of corrupt practice within the ambit of section 123(6) read with section 77 of the representation of the people act are lacking and, therefore, the election petition must be held to be not maintainable. in our view, the high court committed error in coming ..... .so far as the second question is concerned, mr. venugopal,s contention is based upon the language used in the proviso to section 83(1) of the representation of people act. the proviso to section 83(1) reads thus:-"83. contents of petition. (1) an electionpetition(a) shall contain a concise statement of the material .....

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Sep 25 2001 (SC)

Shri Sant Sadguru Janardan Swami (Moingirid Maharaj) Sahakari Dugdha U ...

Court : Supreme Court of India

Reported in : 2001VIIIAD(SC)84; AIR2001SC3982; 2001(4)ALLMR(SC)863; JT2001(8)SC287; 2001(6)SCALE585; (2001)8SCC509

..... ors. vs . surjeet singh and ors. - : [1980]3scr946 and ramchandra ganpat shinde and anr. vs . state of maharashtra and ors. - : air1994sc1673 . learned counsel also referred to section 100 of representation of peoples act and a decision in the case of shri shreewant kumar choudhary vs . shri baidyanath panjiar - : air1973sc717 . in sum and substance, the argument is that since the breach of rule ..... challenged where there is non-compliance of the provisions of the constitution or of the said act and the rules or orders made thereunder - meaning thereby that breach of the representation of people act, 1950 cannot be called in question in an election petition filed under 1951 act. in that view of the matter, the decision replied upon by the appellant is .....

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Aug 30 2001 (SC)

Steel Authority of India Ltd. and ors. Etc. Etc. Vs. National Union Wa ...

Court : Supreme Court of India

Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349

..... ) of the clra act (referred to in this judgment as 'the prohibition notification') prohibiting the employment of contract labour in four specified stockyards of the appellants at calcutta. on the representation of the appellants, the government of west bangal kept in abeyance the said notification initially for a period of six months by notification dated august 28,1989 and thereafter extended ..... other similar forms of forced labour. the directive principle of state policy incorporated in article 38 mandates the state to secure a social order for promotion of welfare of the people and to establish an egalitarian society. article 39 enumerates the principles of policy of the state which include welfare measures for the workers. the state policy embodied in article 43 .....

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Feb 26 2001 (SC)

Patangrao Kadam Vs. Prithviraj Sayajirao Yadav Deshmukh and ors.

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)

..... power of amendment or to strike out parties cannot be used at all. the civil procedure code applies subject to the provisions of the representation of the people act and any rules made thereunder (see s. 87). when the act enjoins the penalty of dismissal of the petition for ..... void under section 100(1)(b) and 100(1)(d)(ii) and 100(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 ..... election prospects. other workers of respondent no. 1 (along with said shri sampatrao chavan) were also distributing the reconstructed handouts/bills to various people of village nagrale, taluka tasgaon, district sangli.' 19. this apart, one thing is clear that since he did not cease to be ..... shivaraj v. patil j.1. these appeals are filed under section 116a of the representation of people act, 1951, aggrieved by the judgment and order dated 29.1.1998 of the high court .....

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Jan 24 2001 (SC)

Tek Chand Vs. Dile Ram

Court : Supreme Court of India

Reported in : AIR2001SC905; JT2001(2)SC114; (2001)2MLJ45(SC); 2001(1)SCALE471; (2001)3SCC290; [2001]1SCR527

..... aside the election of the appellant from 61-nachan (s.c.) assembly constituency and declaring it void, this appeal has been filed by the appellant under section 116a of the representation of people act, 1951 (for short `the rpa'), calling in question the correctness and validity of the said judgment and order of the high court.2. the material and relevant facts ..... not aware whether the request made by nikka ram was accepted.' in his evidence, he stated that he never found nikka ram canvassing in his presence. he only heard some people telling that he was trying to tell that after winning the election, he would formally join bjp. he was unable to give names or particulars of those some persons who .....

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Nov 16 2000 (SC)

Kanhaiyalal Vishindas Gidwani Vs. Arun Dattatray Mehta and ors.

Court : Supreme Court of India

Reported in : 2000(7)SCALE545; 2001(2)LC1199(SC)

..... and, therefore, election petition is liable to be dismissed on the ground of breach of provision of section 81(3) read with section 83 and 86 of the representation of people act.4. is petitioner entitled to declaration that he is duly elected candidate.5. whether in the alternative, petition is entitled to have fresh election for all the ..... the same was signed by 10 members of the legislative assembly, as proposers when the same was blank, thereby provisions of section 100(1)(d)(i) of the representation of people act are violated.2. whether election petition is barred by limitation having not been filed within 45 days from the date of election of respondent no. 1 viz. ..... no. 1 filed in the said election was invalid in law since the same was not subscribed by the proposers as required under section 33(1) of the representation of the people act, 1951 (for short 'the act') because the proposers did not consciously propose the nomination of respondent no. 1 and they had signed only a blank form .....

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Aug 30 2000 (SC)

Election Commission of India Through Secretary Vs. Ashok Kumar and ors ...

Court : Supreme Court of India

Reported in : AIR2000SC2979; JT2000(9)SC529; 2000(3)KLT402(SC); 2000(6)SCALE182; (2000)8SCC216; [2000]Supp3SCR34; 2001(1)LC1(SC)

..... judicial determination.30. to what extent article 329(b) has an overriding effect on article 226 of the constitution? the two constitution benches have held that representation of the people act, 1951 provides for only one remedy; that remedy being by an election petition to be presented after the election is over and there is no ..... secured an ex-parte order staying the issuance and publication of the notification by the election commission of india under sections 30, 56 and 150 of the representation of the people act, 1951. this court deprecated granting of such ex-parte orders. during the course of its judgment (vide para 8) the majority speaking through the ..... to the electoral roll be heard and disposed of in accordance with the rules; and that, no notification be issued under section 15(2) of the representation of the people act, 1951 calling for election to the west bengal legislative assembly, until the rolls were duly revised. the high court entertained the petitions and gave interim .....

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Aug 28 2000 (SC)

Shyamdeo Pd. Singh Vs. Nawal Kishore Yadav

Court : Supreme Court of India

Reported in : AIR2000SC3000; 2000(3)BLJR2012; JT2000(9)SC486; 2000(6)SCALE135; [2000]Supp2SCR668; 2001(1)LC78(SC)

..... so far as the disqualifications attaching to such persons are concerned. chaturvedi, j. noticed the well-settled practice in england having been adopted in the representation of the people act and held that an entry in the electoral roll has to be taken to be conclusive proof of the fact that the person fulfils the requisite ..... the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house of houses.10. the representation of the people act, 1951 was enacted to provide for the conduct of elections to the houses of parliament and to the house of houses of the legislature of each ..... in the succeeding paragraph.3. on 22-10-1986 the chief electoral officer, bihar in exercise of the powers conferred by section 27(3)(b) of the representation of the people act, 1950 (hereinafter the 1950 act, for short) issued a notification no. 1248 publishing a list of educational institutions of the state which shall be .....

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Apr 24 2000 (SC)

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

..... shall not be invalidated by reason of the election of a person as president or vice-president being declared void. so also section 107(2) of the representation of the people act, 1951 (43 of 1951) provides that acts and proceedings in which a person has participated as a member of parliament or a member of the ..... to act as such.8. the order dated 17th december, 1996 is bad because it was passed without affording the petitioner an opportunity of submitting a pre-confirmation representation, as was directed by this court on 16th december, 1996.6. none of the grounds found favour with the learned single judge who after hearing dismissed the writ ..... right of judicial review both on law and facts as also determine the adequacy of punishment being commensurate with the gravity of the offence charged. judicial approach by people well-versed in objective analysis of evidence trained by experience to look at facts and law objectively, fair play and justice cannot always be sacrificed at the .....

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Mar 14 2000 (SC)

State of Bihar and anr. Vs. Bal Mukund Sah and ors.

Court : Supreme Court of India

Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299

..... . poverty demands affirmative action. its eradication is a constitutional mandate. the purpose of article 16(4) is to give adequate representation in the services of the state to that class which has no representation. this article carves out a particular class of people and not individuals from the weaker sections and the class it carves out is the one which does not have ..... adequate representation in the services of the state. pandian j., in his concurring but separate judgment had observed:though 'equal protection' clause .....

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