Court : Supreme Court of India
Reported in : AIR1995SC2417; 1996(1)BLJR28; JT1995(5)SC284; 1995(4)SCALE455; (1995)4SCC758; [1995]Supp2SCR34
..... punjab and haryana in election petition no. 15 of 1991. the aforesaid election petition was preferred by the appellant shri ajit singh under section 81 of the representation of people act, 1951 (hereinafter referred to as representation act) inter alia praying that the election of the returned candidate shri bansi singh, respondent no. 1, should be declared void and the petitioner having secured ..... acceptance of the postal ballots in favour of the returned candidates has adversely affected the election result. it has been contended by the learned counsel that section 59 of the representation act indicates that the manner of voting in the elections is to be prescribed. part iii of the conduct of election rules, 1961 prescribes voting by postal ballot. rule 27 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2001; JT1995(5)SC1; 1995(4)SCALE1; 1995Supp(4)SCC286; [1995]Supp1SCR542
..... and 121 of the constitution of 1934 provide for a rule committee which is empowered to amend the constitution from time to time. the grievance, therefore of fair representation, if it has any substance, can be raised before the committee.79. in a separate judgment written by brother jeevan reddy, j., he has agreed, although ..... challenged the ordination by patriarch and claimed equal status. this could not have been agreed to by anyone as the spiritual faith in the patriarch prevented the people in malabar to acknowledge a person as metropolitan who was not ordained either by the patriarch or his nominee. however, thomas athanasius refused to hand over the ..... was flowing, still, form antioch. even though the quilon committee decided in favour of athanasius and he took . over charge of the property but the local people were not satisfied, therefore, they appear to have persuaded one joseph dionysius to go to syria and get himself ordained as malankara metropolitan. in 1865 joseph dionysius .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... consistent with these fundamental and basic features of the constitution, secularism, socio-economic and political justice, fraternity, unity and national integrity.268. under section 29a of the representation of peoples' act, 1951 for short 'r.p. act' registration of a political party, or a group of individual citizens of india calling itself a political party has been ..... for such a course - that it does not provide for its own demise. 93. consistent with the constitutional philosophy, sub-section (3) of section 123 the representation of peoples act, 1951 treats an appeal to the electorate to vote on the basis of the religion, race, caste or community of the candidate or the use of ..... the latter falls in the exclusive domain of the affairs of the state. this is also clear from sub-section [3] of section 123 of the representation of the peoples act, 1951 which prohibits an appeal by a candidate or his agent or by any other person with the consent of the candidate or his election agent .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994SCC(3)569; JT1994(2)423
..... 23(1)(a) of the foreign exchange regulation act; (3) section 178-a of the sea customs act, 1878; (4) section 123(7) of the representation of the people act. he also placed reliance on a number of decisions in support of the above submission, namely, (1) sarjoo prasad v. state of u.p.32 ..... of mr tarkunde is that the accused concerned who is likely to be affected by such transfer, should be given an opportunity of making his representation in compliance with the principle of natural justice by the chief justice of india before be gives his concurrence.189. the learned additional solicitor general contended ..... brutal atrocities have rocked and shocked the whole nation.23. everyday, there are jarring pieces of information through electronic and print media that many innocent, defenseless people particularly poor, politicians, statesmen, government officials, police officials, army personnel inclusive of the jawans belonging to border security force have been622mercilessly gunned down. no one .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... of seats in the state legislature in accordance with article 332. the consequential reservations in the state legislature were made in the representation of the people act, 1950 and the representation of the people act, 1951, twice by the act 1 oof 1976 and the act 8 of 1980, but not consistent with clause (3 ..... the state of sikkim.23. the election laws (extension to sikkim) act, 1976 sought to extend, with certain special provisions, the representation of the people act, 1950 and the representation of the people act, 1951 to sikkim.24. section 25a of the said act provides:25-a. conditions of registration as elector in sangha constituency in ..... , 1975, and consequential amendments in the delimitation of parliamentary and assembly constituencies order, 1976. the writ petitioner contents that the impugned provisions of the representation of the people acts are ultra vires of the constitution and cannot be saved by article 371f(f). alternatively it has been argued that if the provisions 371f (f .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... his agent's consent appeals to vote or refrain from voting on ground of religion, race or caste then he is guilty of corrupt practice under section123(3) of the representation of people act and his election is liable to be set aside. thus caste, race or religion are prohibited even in political process. what cannot furnish basis for exercise of electoral ..... public administration. it is for the state to determine whether the evil effects of inequities stemming from prior discrimination against classes of people have resulted in their being reduced to positions of backwardness and consequent under representation in public administration. reservation is a remedy or a cure for the ill effects of historical discrimination.400. while affirmative action programmes by preferential treatment .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,[1992]1SCR686
..... made these observations as to the imperative judicial nature of the power to resolve disputes:the concept of democracy as visualised by the constitution presupposes the representation of the people in parliament and state legislatures by the method of election. and, before an election machinery can be brought into operation, there are three requisites ..... purview of ordinary law, in cases where the needs of justice demand interference by the supreme court of the land... section 105 of the representation of the people act certainly gives finality to the decision of the election tribunal so for as that act is concerned and does not provide for any further ..... ].in durga shankar mehta v. raghuraj singh : [1955]1scr267 the order of the election tribunal was made final and conclusive by section 105 of the representation of the people act, 1951. the contention was that the finality and conclusiveness clauses barred the jurisdiction of the supreme court under article 136. this contention was repelled. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... thereby deliberately conferred wide power of termination of services of the employee without following the principle of audi alteram partem or even modicum of procedure of representation before terminating the services of permanent employee. it is well settled rule of statutory construction that when two interpretations are possible one which would preserve ..... with dignity of the person. the state is to strive to minimise the inequality in income and eliminate inequality in status between individuals or groups of people. the state has intervened with the freedom of contract and interposed by making statutory law like rent acts, debt relief acts, tenancy acts, social ..... government in a welfare state is the regulator and dispenser of social services and provider of large number of benefits, including jobs etc. thousands of people are employed in central/state government services and also under local authorities. the government, therefore, cannot act arbitrarily. it does not stand in the same .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC838; JT1990(1)SC392; 1990(1)SCALE377; 1990Supp(1)SCC322; [1990]1SCR767
..... .6. before going into the controversy raised before us, we may note the relevant provisions of the election law. the election petition was filed under chapter-ii of the representation of the people act, 1951 (hereinafter referred to as 'the said act'). section 59 of the said act provides that at every election where a poll is taken votes shall be given ..... to the rajya sabha, the said election is by members of the legislative assemblies of the states and the election is an indirect election conducted on the principle of proportional representation by means of a single transferable vote. in the case of elections to the lok sabha and state assemblies, a rubber stamp with arrow cross-mark is provided with which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1889; JT1989(4)SC186; 1989(2)SCALE891; 1989Supp(2)SCC504
..... newspapers containing certain statements which are alleged to amount to a corrupt practice within the meaning of the said term in section 123(1)(a) of the representation of the people act, 1951 (hereinafter referred to as 'the said act'). the main question canvassed before us is whether the statements contained in these aforesaid advertisements amount to ..... having voted or refrained from voting.3. the advertisements very shortly stated, refer to the auspicious gifts made by the government of andhra pradesh to the poor people on the eve of new year and sankranti. in the said advertisements, it is stated that the said government which was formed by the telugu desam party ..... court questioning the election of respondent no. 1 as a member of parliament from srikakulam no. parliamentary constituency in the 8th general election to the house of the people. the points raised in these appeals are common and so are the relevant facts; and, hence, they are being disposed of by this common judgment. we .....
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