Court : Andhra Pradesh
Decided on : May-02-2003
Reported in : 2003(4)ALD138
..... does not belong to scheduled tribe community ?4. whether the result of the first respondent was declared without following the provisions contained in sections 65 and 100 of representation of peoples act ?5. whether the petition is not maintainable as contended by the first respondent?6. to what relief?since the above issues can conveniently be recast, i ..... scheduled tribe candidate ?2. to what relief ?6. since the three election petitions are in respect of the same election, as contemplated by section 112 of the representation of people act, 1951 (the act) they were clubbed and evidence was recorded in e.p. no. 25 of 1999.7. on behalf of petitioners pws.1 to 11 ..... petitioner in ep no. 25 of 1999, is that first respondent does not belong to scheduled tribe community and that he sent the original exs-a1 and a2 representations to the election commissioner and chief justice of india. during cross-examination he stated that he was elected as mla from the same constituency, which is being reserved .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-29-2003
Reported in : RLW2003(3)Raj1409; 2003(3)WLC481
..... under articles 190(3) and 191(1), his election for such a disqualification is not liable to be challenged under article 329(b) read with section 5 of the representation of people act, 1951. thus, it follows that disqualifications covered by articles 190(3) and 191(1) do not fall within the scope of article 329 of the constitution. ..... arose as to whether or not the respondent was disqualified to be elected as a member of the legislative assembly since he had incurred disqualification under the representation of the people act as five years had not elapsed from the date of his release when he stood for elections. the matter was referred by the speaker of the ..... supreme court that the term 'election' as occurring in article 329 connotes the entire process of election form the issue of the notification under section 14 of the representation of people act, 1951 to the declaration of the result under section 66 of the act.18. the aforesaid decision of the supreme court in ashok kumar's case ( .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-2003
Reported in : ILR2003KAR2732
..... 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 ..... entertained the same after 3 pm on 24.8.1999 as it was the last date for filing of nomination papers. as per section 36 of representation of people act, the returning officer shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or ..... been passed by the seventh respondent and that there is non - application of mind. the refusal of time is contrary to section 36(5) of the representation of people act. respondent no. 6 was the minister of kannada and culture and she has misused the machineries of the government according to her convenience and got the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-13-2003
Reported in : 2003(3)AWC2106
..... as such member, unless he is disqualified and for the relevant disqualifications, he has referred to the provisions of article 102 of the constitution and section 7 of the representation of the people act. let us take a case falling under section 7(b) of this act. it will be recalled that section 7(b) provides that if a person is convicted .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-2003
Reported in : 2004(2)MhLj392
..... not inclined to impose any costs on the petitioner.34. under the circumstances, the election petition is dismissed under the provisions of section 86 of the representation of the people act, 1951 for non-compliance of the provision of section 81 as the election petition is barred by limitation. under the circumstances there shall be no ..... the apex court in the case of chandrakant shukla v. maharaja martand singh, reported in : air1973sc584 has held as follows :'section 81(1) of the representation of the people act, 1951, provides that an election petition calling in question any election may be presented on one or more of the grounds specified in sub-section (1 ..... stand as a candidate for election and the entire procedure in relation thereto are created and determined by statute. accordingly, when section 66 of the representation of the people act, 1951 provides that the result of the election shall be declared in the manner provided by the act or the rules made thereunder, the declaration .....
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