Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Sorted by: recent Year: 2011 Page 1 of about 12 results (1.162 seconds)

Sardar Khan Khokhar Verses Devji Patel and Others

Court : Rajasthan

..... aforesaid is in following format:- part iii a (to be filled by the candidate) whether the candidate- (i) has been convicted-] (a) of any offence(s) under sub-section] (1) ;or ] (b) for contravention of any law specified in sub-section (2), of section 8 of the representation of the people act, 1951 (43 of 1951); ] yes/no. or (ii) has been convicted for any other offence(s) for ..... substantial character within the scope and ambit of section 36(4) of the rp act, 1951. (b) para 1 of the affidavit to be filed in terms of the order of the election commission of india bearing no.3/er/2003/js-ii dated 27-3-2003 (annexure-i to the nomination paper) was totally scored out thereby refusing to give the information detailed therein ..... commission clearly laid down that no column of the affidavit should be left blank or filed by just tick/dash marking. if the information asked for in a column is nil or not applicable to the particular candidate, then he ..... . the above affidavit was required to be filed in terms of section 33a of the rp act, 1951. further, as per para 19.2 of chapter v of the handbook of returning officers published by the election .....

Johny Nelloor Vs. Jose thettayil

Court : Kerala

..... are (i) the respondent was holding an office of profit under the state government and therefore he was disqualified under article 191 of the constitution of india from contesting the election, (ii) there is gross violation of s.38 of the representation of the people act , 1951 (hereinafter referred to as act ) and the conduct of election rules in preparing the list of candidates and (iii ..... were included in the list of validity nominated candidates and who have not withdrawn their candidature within the said period. (2) for the purpose of listing the names under sub-section (1), the candidates shall be classified as follows, namely:- (i) candidates of recognised political parties (ii) candidates of registered political parties other than those mentioned in clause (i); (iii) other candidates. (3) the categories mentioned in ..... presentation of election petition and its trial by the high court. s.80 stipulates that no election can be called in question except by an election petition presented in accordance with the provisions of the act. s.80a clothes the high court to try an election ..... provisions of the act and the rules, the election of the respondent has been materially affected. there is no such pleading and therefore, the petition has to fail at the threshold itself. it is also pointed out that there is no triable issue as could be gathered from the pleadings in the case. 8. part vi chapter ii deals with .....

Dr. Shaji K. Joseph Vs. Dr. Viswanath and Others

Court : Kerala

..... contain provisions similar to ss.3, 4, 5 and 6 of the representation of people act, 1951 which specifically provides that only an elector to the constituency concerned can be a candidate for election. s.85 of the kerala municipality act 1994, s.29 of the kerala panchayath raj act, 1994, rule 35(d)(i) and 35(3)(d) of the kerala co-operative societies ..... election. orders were not passed on ext.p3. despite his non-inclusion in the final electoral roll, on 7.2.2011, ext.p4 nomination was submitted, where the 1st respondent offered himself as a candidate in the election. 4. immediately thereafter, alleging that the returning officer is labouring under a misconception that only a person whose name is included ..... provides for scrutiny of nomination papers. regulation 11 provides for poll and regulation 17 provides for declaration of results. 8. section 3(a) of the act provides that the member elected shall be a registered dentist possessing a recognized dental qualification ..... regulations 1952. chapter ii of the regulations, provide for the election to the council under section 3(a) of the act. regulation 3 provides for publication of preliminary electoral roll, filing of objections and publication of final electoral roll. regulation 4 provides for fixation of dates for various stages of election. regulation 5 provides for nomination of candidates and regulation 9 .....

Kavitha Mahesh Vs. Chief Election Commissioner and Commissioners and O ...

Court : Karnataka

..... the period of five years from the date of declaration of results for retention of documents or records, particularly having regard to the provisions of section 86(7) of the representation of people act, 1951, reading as under: 86. trial of election petitions:- xxx (7) every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude ..... also the manner of retention and disposal of the election papers, particularly the manner of disposal of nomination papers having been provided for in para-10.1 of chapter xviii providing for disposal of election papers, reading as under: disposal of election papers 10.1 the commission has made the following direction under rule 94 of the conduct of elections rules, 1961 ..... for recalling pw3 for further cross-examination is more in the context of getting the record marked as document in the present election petition, particularly as the nomination papers of other candidates received by the returning officer and available at the office of the additional district election officer, will have some bearing on the outcome of this case and ..... audit objections, if any, settled, whichever is earlier, the applicant-respondent has apprehension that if the audit objections, if any, are settled even before five years period, the nomination papers may be destroyed and therefore the application in misc civil no 13993 of 201 is made for issue of directions to the returning officer/additional district election officer, in .....

Dr. V. Viswanath, Dental Clinic, Chemmad Vs. the Kerala Dental Council ...

Court : Kerala

..... to the dental council under section 3(a) of the act and the position under other statutes like the representation of people act, panchayat raj act, municipalities act, kerala co-operative societies act/rules etc. in the latter group of legislations, specific provisions are there as to the sanctity of the electoral roll and the necessity of the candidate to be an elector, for contesting the election. quite ..... petition was questioned much from the part of the respondents referring to the existence of the alternate remedy. it is true that section 5 of the act says that the election under chapter ii of the act shall be conducted in the prescribed manner and where any dispute arises regarding any such election, it shall be referred to the central government, whose decision ..... electoral roll is fatal and ext. p6 order passed by the second respondent, rejecting ext.p4 nomination, does not call for any interference. 9. a counter affidavit has been filed on behalf of the respondents 1 and 2 referring to the relevant provisions of the act and regulations, asserting that the idea and understanding of the petitioner as to his right to contest ..... shall be final. section 20 of the act deals with the power to make regulations. sub section 2(b) of section 20 refers to the manner in which elections under the said chapter are to be conducted. it is in exercise of the said power that the third respondent/dental council .....

Sehajdhari Sikh Federation Vs. Union of India and Others

Court : Punjab and Haryana

..... shri guru granth sahib in gurmukhi; and (b) write gurmukhi if he fills his nomination paper for election to the board in gurmukhi in his own handwriting. if any question arises whether a candidate is or is not able to read and write gurmukhi the question shall be decided in ..... and consequential provisions in relation to such re-organization, including representation in parliament and in the state legislatures"; e. part-vii may be read in conjunction with other parts of the 1966 act instead of construing it in isolation; f. sub-sections (1) and (2) of section 72 cannot be read or ..... a state. 94. the afore-explained distinction and the understanding of the consistent ratio decidendi of the decisions commencing from the in re delhi laws (1951) to vasudev singh and others (2006) etc., lead us to an irresistible conclusion that wherever the phrase `modification' finds mention in a legislative ..... to re-write the eligibility conditions for the `electors' so as to include or exclude a class or category of people from the purview of sections 48 or 50 of the 1925 act. since it is the legislature, who as a part of its policy, has prescribed the qualifications (or disqualifications) ..... for inquiry into the matters and settlement of disputes connected therewith. the 1925 act is divided into three parts, each containing separate chapters. part-i provides for the composition of a tribunal to decide claims made under the act whereas part-ii enables two or more persons to institute a civil suit with .....

Ramesh Rout Vs. Rabindra Nath Rout

Court : Supreme Court of India

Reported in : 2012(1)KLT21(SN); 2012(1)SCC762; 2012(1)SCJ567; AIR2012SCW297; AIR2012SC329

..... the returned candidate -- ramesh rout - whose election to the 14th orissa legislative assembly from 89-athagarh assembly constituency has been set aside by the high court of orissa has preferred these two appeals under section 116a read with section 116c of the representation of the people act, 1951 (for short, `the 1951 act').2. the election commission of india (for short, `commission') in order to constitute 14th ..... form a and form b, if filed. the contention of learned counsel for the respondent that there was no pleading with regard to form 3a and consolidated list of nominated candidates-checks if in either of the election petitions and as such the same cannot be relied upon cannot be accepted. it is the fundamental rule of pleadings that pleading must ..... ; the check list (ex. 11), form 3-a (ex. 42/f) and the consolidated list of nominated candidates (ex. 44) are important. the check list marked `original' (ex. 11) given to the proposed candidate is as follows :sl. documents whether filed no. (write yes/no)1. affidavit in form-26 yes2. affidavit as per the commission's order yes dated 27.03.033 ..... any such office bearer or authorised person shall be accepted and no form transmitted by fax shall be accepted. 24. chapter vi of the handbook deals with the scrutiny of nominations by the returning officer. para 2 emphasises that scrutiny of nomination papers is an important quasi-judicial function and the returning officer has to discharge this duty with complete judicial detachment .....

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... a. we are afraid, we cannot agree with this contention. very often persons interested in the land proposed to be acquired make various representations to the concerned authorities against the proposed acquisition. this is bound to result in a multiplicity of enquiries, communications and discussions leading invariably ..... any, the petitioners are entitled in these writ petitions? 1. object and purpose of the 1976 act: under constitutional scheme, distribution of legislative powers is provided in chapter i part xi of the constitution of india. according to article 246 (3) subject to clauses (1) and (2), the legislature of any state has ..... taken by respondent- authority for making plan industrial development on the land in question inasmuch as the land of petitioners was acquired on nominal payment of compensation to them and in the acquisition proceeding urgency provision was invoked but the land throughout remained in possession of petitioners ..... taking it totally beyond the capacity of the entrepreneur or the industrial worker. in fact, in place of augmenting the industrial growth, such people unfriendly schemes are only resulting in discouraging the industry. the industry to be viable needs cheaper land, cheaper infrastructure and cheaper labour. the ..... kingb emperor (2), seems to us to be quite sound and applicable to the facts of this case. (1) vide state of bombay v. atma ram sridhar vaidya, [1951] s.c.r. the next recent judgment of the apex court to be noticed is the judgment in the .....

Ashok Shankarrao Chavan Vs. Madhavrao Kinhalkar and ors.

Court : Delhi

..... the commission has expressed the view that it has jurisdiction under section 10a of the representation of people act, 1951 (for brevity the 1951 act) to embark upon the issue of alleged incorrectness or falsity of the return of election expenses maintained by the respondent, a candidate in election, under section 77(1) and 77(2) lodged by him in exercise of power under section 78 of the ..... been improperly rejected; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected - (i) by the improper acceptance or any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent, or (iii) by the improper reception, refusal or rejection of ..... period of three years from the date of the order." [underlining is ours] 7. sections 77 and 78, which occur in chapter 8 that deals with election expenses, are as follows: - "77. account of election expenses and maximum thereof. - (1) every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure .....

Afjal Imam. Vs. State of Bihar and Others.

Court : Supreme Court of India

..... election to the legislative assembly of the then state of madras held in the year 1957. in this case arising under the representation of the people act, 1951, the supreme court held that if the returning officer had rejected a nomination paper of a candidate on one disqualification, it was open for the election tribunal to find the rejection proper on some other ground of disqualification ..... which may not have been raised before the returning officer. it was pointed out that if this construction is not placed on section 100 (1 ..... corporation. we are informed that the he obtained 44 votes and shri sanjay kumar 18 votes, a third candidate 9 votes and 1 vote was rejected. the appellant was given the oath of his office on the same day. on his election, he nominated 7 councillors to be the members of the empowered standing committee of the municipal corporation as per the ..... will have to be looked into on this background. the act is a detailed act running into 488 sections which are divided into viii parts and 44 chapters and they govern all the aspects of municipal governance and administration. part i contains the preliminary provisions. part ii deals with the constitution of the government of the municipal bodies some of which provisions we .....