Court : Supreme Court of India
Decided on : Jul-30-2003
Reported in : AIR2003SC3057; 2003(4)ALLMR(SC)707; 2003(4)AWC2920(SC); 2003(3)CTC620; JT2003(6)SC283; (2003)135PLR531; 2003(5)SCALE602; (2003)8SCC369
..... publishing and circulating leaflets. sections 123(5) and 123(5) of the representation of the people act, 1951, were challenged as ultra vires of article 19(1)(a) of the constitution, submitting that the provisions of representation of the people act interfered with a citizen's fundamental right to freedom of speech. repelling the ..... can best be achieved if the population explosion is checked effectively. therefore, the population control assumes a central importance for providing social and economic justice to the people of india (usha tandon, reader, faculty of law, delhi university, - research paper on population stabilisation, delhi law review, vol. xxiii 2001, pp. 125 ..... principles of state policy and the fundamental duties enshrined in article 51a. under article 38 the state shall strive to promote the welfare of the people and developing a social order empowered at distributive justice - social, economic and political. under article 47 the state shall promote with special care the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-2003
Reported in : AIR2003SC4603; JT2003(Suppl2)SC613; 2003(3)KLT1081(SC); 2003(8)SCALE165; (2003)8SCC498
..... in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950 (43 of 1950);'26. sub-section (1) of section 33 provides as under:'33. presentation of nomination paper and requirements for a valid nomination ..... to which the first respondent herein belonged to. according to the appellant, the said electoral roll in view of the prohibition contained in section 23(3) of the representation of the people act, 1950 (for short, 'the 1950 act') was void ab initio, as a result whereof the election of the first respondent became vitiated by reason of ..... electoral roll would render a general election invalid in law is the core question involved in this appeal filed by the appellant herein under section 116a of the representation of the people-act. 1951 (hereinafter referred to as 'the 1951 act') which arises out of a judgment and order of the high court of kerala dated 7.3 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-31-2003
Reported in : AIR2003SC3701; JT2003(7)SC99; (2004)1MLJ23(SC); 2003(6)SCALE157; (2003)7SCC66
..... of an appeal should be held to be wider than an application for judicial review or a petition under article 136 of the constitution of india.16. furthermore, the representation of the people act provides for a complete machinery. the right of appeal conferred upon a suitor must be considered from that angle. when an order is passed under section 98 of ..... order1. the question as to the interpretation of section 116a of the representation of the people act, (thereafter referred to as 'the act') falls for consideration in this appeal which arises out of a judgment and order dated 31.07.2002 passed in misc. case no. .....
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