Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Sorted by: recent Year: 2003 Page 1 of about 15 results (0.619 seconds)

Javed and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

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

..... , a candidate at the election made a systematic appeal to voters of a particular caste to vote for him on the basis of his caste through 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 ..... to exercise their right of free speech outside these rules, the impugned sections do not stop them. in sakhawat ali v. the state of orissa, : [1955]1scr1004 , the appellant's nomination paper for election as a councillor of the municipality was rejected on the ground that he was employed as a legal practitioner against the municipality which was a disqualification under ..... the leaders of panchayats themselves taking a lead and setting an example.39. fundamental rights are not to be read in isolation. they have to be read along with the chapter on directive 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 ..... observed if he wants to enter parliament. the right to stand as a candidate and contest an election is not a common law right; it is a special right created by statute and can only be exercised on the conditions laid down by the statute. the fundamental rights chapter has no bearing on a right like this created by statute. the appellants .....

P.T. Rajan Vs. T.P.M. Sahir and ors.

Court : Supreme Court of India

Reported in : AIR2003SC4603; JT2003(Suppl2)SC613; 2003(3)KLT1081(SC); 2003(8)SCALE165; (2003)8SCC498

..... 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.(1) on or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the ..... s.b. sinha, j. 1. whether non-publication of a final 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 ..... subjected to preventive detention under any law for the time being in force.' 28. part vi of the 1951 act provides for resolution of disputes regarding elections. chapter i contains interpretation clauses; chapter ii deals with presentation of election petitions to the high court; chapter iii provides for trial of election petitions. section 87 provides for procedure before the high court. section 94 ..... that the high court should have exercised its suo motu power of directing recounting of votes so as to exclude the illegal ones, having regard to section 62 of the 1951 act.11. reliance in support of the aforementioned contentions has been placed by the learned counsel for the appellant on baidyanath panjira v. sita rain mahto and ors. : [1970] .....

Dipak Chandra Ruhidas Vs. Chandan Kumar Sarkar

Court : Supreme Court of India

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 the ..... fiction in the statute is well-known. when a legal fiction is created, it must be given its full effect. in east end dwellings co. ltd. v. finsbury borough council, (1951) 2 all. e.r. 587, lord asquith, j. stated the law in the following terms:-'if you are bidden to treat an imaginary state of affairs as real, you must ..... election petition no. 17 of 2001 before the gauhati high court challenging the election of the respondent on the ground that this nomination was improperly accepted. after the notices were served upon the respondents in the election petition, the returned candidate filed an application for dismissal of the election petition, inter alia, on the ground that the allegations contained in the election ..... other candidate to have been duly elected.''116a. appeals to supreme court. - (1) notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the supreme court on any question (whether of law or fact) from every order made by a high court under section 98 or section 99.(2) every appeal under this chapter shall .....

Bidhya Charan Sinha Vs. State of W.B. and ors.

Court : Kolkata

Reported in : AIR2004Cal27

..... with the leadership of gram panchayats. benefit of the people of reserved categories can be controlled by their representations but not by the leadership. a leader of house is leader of all irrespective of caste, creed, religion, tribe etc.6. coming back to the chapter i.e. fait ix inserted by way of 73rd amendment i find that various articles inserted therein for the purpose ..... should be true reflection of representation of such community. a scheduled caste candidate having been represented from general seat cannot be the true representative of the scheduled caste community. moreover, there was no scope of enquiry of the candidature of such scheduled caste candidate when the nomination paper had been filed by him as a general candidate.3. he has drawn my attention to ..... court judgment would have governed the field. therefore in all respect the circular cannot be treated as supplant of the rule. the rule stands between the act and the circular, if the act says that a candidate under such category cannot be declared disqualified for election to any seat not so reserved and if the rule is silent about the same obviously the ..... judgment per incuriam because court had no knowledge about the subsequent judgment which has overruled the earlier judgment. therefore, i cannot accept the submission of mr. sanyal.33. so far as the argument of mr. lahiri is concerned factually the date of nomination of the election is 11th april, 2003. the date of circular is 9th june, 2003. election of panchayat .....

Tarun Chatterjee Vs. Vinod Kumar Naik and ors.

Court : Chhattisgarh

Reported in : 2003(4)MPHT17(CG)

..... tribunal that an m.l.a. while remaining the m.l.a. can not contest the election, is against chapter 6 of representation of the people act, 1951. it is also contended that the finding recorded by tribunal that under the provisions of representation of the people act, a sitting member can not contest for vacant seat of assembly and he is disqualified for that, is against the ..... members. hence, the sitting fee paid to the members of that board must be considered compensatory allowance.lastly, it was said that he was disqualified for being a candidate at the time of his nomination, there was an existing contract between him and the central government. this contention has no substance. the alleged contract was between the society and the central government ..... andanappa. in the election petition, it is alleged that he was disqualified for being a candidate under article 102(1)(a) of the constitution on various grounds as at the time of his nomination, he was holding many offices of profit under the government of mysore. we shall take up each one of those grounds and deal with them. but before doing so ..... as respondent no. 2.11. according to the election petitioners, for the election of mayor, following programme/schedule was declared :--(1) last date for submitting nomination 242-1999(2) date of scrutiny of nomination 3-12-1999(3) date of withdrawal of nomination 6-12-1999(4) date of polling of mayor 22-12-1999(5) date of counting and declaration of 27-124999 .....

Mansinghbhai Narottambhai Vasava and ors. Vs. State of Gujarat and ors ...

Court : Gujarat

Reported in : (2003)2GLR1558

..... belonging to such scheduled tribes as have no representation in the panchayat at the intermediate level or the panchayat at the district level.provided that such nomination shall not exceed one tenth of the total members to be elected in that panchayat;(i) the gram sabha or the panchayats at the appropriate level shall be consulted before making the acquisition of land ..... owners and their relatives are either erstwhile employees of respondent no. 2 or are still in service. the respondent no, 2 has taken care to see that not only the people get employment, but they have been also provided with different facilities such as construction of road, installation of lights, facility for providing water by means of tankers, etc. in ..... religious practices and traditional management practices of community resources; every village shall have a gram sabha which shall be competent to safeguard and preserved the traditions and customs of the people and shall be vested with the powers to approve the programmes and projects for social and economic development as also identification of beneficiaries under such programmes; panchayats at the ..... conferred on it vide article 243m clause (b) as it empowers the parliament to enact law, making provisions of chapter ix of the constitution applicable to the scheduled area. he has drawn our attention to clause (i) of section 4 of the extension act, which envisages that the gram sabha or the panchayat at the appropriate level shall be consulted before making the .....

Laxman Sangappa Savadi Vs. Dongaragaon Shahajan and ors.

Court : Karnataka

Reported in : ILR2003KAR2732

..... this connection, it is relevant to notice the various provisions of the representation of the people act and also the various rules as applicable to the facts of this case. part v of the representation of people act deals with conduct of elections. chapter 1 provides for nomination of candidates. section 30 provides for appointment of dates for nominations. section 31 provides for public notice of election. section 32 provides for ..... , filing of nomination, scrutiny etc. there is a prescribed procedure in the matter of nomination to a ..... the case on hand. petitioners as well as the sixth respondent filed their respective nomination as official candidates of united janata dal political party for athani constituency. he invites my attention to the representation of people act, 1950. 1951 act regulates the conduct of elections. section 30 provides for appointment of dates for nomination. sections 31 to 36 provides for various stages in the matter of public notice .....

Smt. Tilatama Bhatra Vs. State Election Commission and Two ors.

Court : Orissa

Reported in : 95(2003)CLT299; 2003(I)OLR336

..... with the provisions of chapter v of the orissa grama panchayat act. section 31 deals with the presentation of an election petition and the subsequent sections deal with the procedure, the grounds available and the manner of trying and disposing of the election petition. these provisions appear to be consistent with the analogous provisions in the representation of the people act, which also provides for ..... of contesting candidates was to be published on 25.1.2002. the declaration of result of sarpanch and the ward members under rule 51 of the rules was to ..... for our purpose is to note that 22.1.2002, was fixed as the date for scrutiny of nominations under rule 29 of the orissa grama panchayats election rules, (hereinafter referred to as the 'rules') and 23 1.2002 was fixed as the date for publication of the list of the validly nominated candidates under rule 32(1) of the rules. withdrawal had to be done ..... by 25.1.2002, and publication of the final list .....

Saseendran Vs. Viswambaran

Court : Kerala

Reported in : 2003(1)KLT459

..... not a common saw right. in the representation of peoples act there are necessary provisions for challenging the election of a returned candidate. it was held ho original petition under article 226 of indian constitution to quash an order passed by the returning officer rejecting a nomination is maintainable before the high court. so ..... the kerala abkari shops disposal rules, 2001 there is a provision which confers the power to state to take suo motu revision. rule 12 in chapter ix reads as follows:-'the government may suo motu, revise the orders of the commissioner of excise or any subordinate officer, provided that no ..... kerala abkari shops disposal rules, 2002. rule 7(2) of the kerala abkari shops disposal rules, 2002 provides that no toddy or foreign liquor-1 shop shall be located outside the permissible limits. the relevant portion of the rules regarding the manner in which the measurement has to be taken is ..... there is manifest injustice, even if there is an alternative remedy available, the high court can interfere. in rugmani v. addl. sub judge (1997 (1) klt 729) this court has held thus:-'the power under article 227 is an extraordinary power and intended to be used only in exceptional cases and ..... which he has already done. it is evidently clear that this original petition is filed with mala fide intentions to circumvent the provisions of law. i do not find any reason to admit the original petition and keep it pending. the o.p. is only to be dismissed. but considering thefacts .....

McConnell Vs. Federal Election Comm'n

Court : US Supreme Court

..... party (a) in general on or after the date on which a political party nominates a candidate, no committee of the political party may make (i) any coordinated expenditure under this subsection with respect to the candidate during the election cycle at any time after it makes any independent expenditure (as ..... to muffle the voices that best represent the most significant segments of the economy and the most passionately held social and political views. people who associate who pool their financial resources for purposes of economic enterprise overwhelmingly do so in the corporate form; and with increasing frequency, ..... or labor organization, as the case may be, prohibited by this section. (b)(1) for the purposes of this section the term labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in ..... that requires periodic elections, that is best achieved by the suppression of election-time speech. we have witnessed merely the second scene of act i of what promises to be a lengthy tragedy. in scene 3 the court, having abandoned most of the first amendment weaponry that buckley left ..... the end of the eighteenth century the corporation was a familiar figure in american economic life. c. cooke, corporation, trust and company 92 (1951). nor is there any basis in reason why first amendment rights should not attach to corporate associations and we have said so. in first nat .....