Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Sorted by: recent Year: 2012 Page 1 of about 24 results (0.541 seconds)

Dr. Madhavrao S/O Bhujangrao Kinhalkar Vs. Ashok S/O Shankarrao Chavan ...

Court : Mumbai Aurangabad

..... respondent no.1 and alleged publications. (j) there is no pleading in respect of date and place of the publications as well as particulars of the publications. 13 section 80 of the representation of the people act, 1951, provides that no election shall be called in question except by an election petition presented in accordance with provisions of this chapter (chapter ii). ..... clear anywhere in the petition as to whether the alleged publications were prior to presentation of nomination paper by respondent no.1 ..... are prior to presentation of nomination paper by respondent no.1 or thereafter. in view of section 79(b) of the representation of the people act, candidate means a person who has been or claims to have been duly nominated as a candidate at any election. respondent no.1 shall be treated as candidate only after presentation of his nomination paper. it is not made ..... petitioner polled extremely low percentage of votes in his stronghold areas, which according to the petitioner, is shocking. the returned candidate i.e. respondent no.1 received 1,20,849 votes while petitioner has secured only 13,346 votes. (i) in paragraph no.8 of the petition, petitioner has given percentage-wise votes at various booths in bhokar legislative assembly .....

Dr. Madhavrao S/O Bhujangrao Kinhalkar Vs. Ashok S/O Shankarrao Chavan ...

Court : Mumbai Aurangabad

..... no.1 and alleged publications. (j) there is no pleading in respect of date and place of the publications as well as particulars of the publications. 13 section 80 of the representation of the people act, 1951, provides that no election shall be called in question except by an election petition presented in accordance with provisions of this chapter (chapter ii). ..... clear anywhere in the petition as to whether the alleged publications were prior to presentation of nomination paper by respondent no.1 ..... are prior to presentation of nomination paper by respondent no.1 or thereafter. in view of section 79(b) of the representation of the people act, candidate means a person who has been or claims to have been duly nominated as a candidate at any election. respondent no.1 shall be treated as candidate only after presentation of his nomination paper. it is not made ..... petitioner polled extremely low percentage of votes in his stronghold areas, which according to the petitioner, is shocking. the returned candidate i.e. respondent no.1 received 1,20,849 votes while petitioner has secured only 13,346 votes. (i) in paragraph no.8 of the petition, petitioner has given percentage-wise votes at various booths in bhokar legislative assembly .....

Prahladan Vs. Varkala Kahar

Court : Kerala

..... been filed under sections 80, 81, 83, 84 and 100(1)(c) of the representation of people act, 1951, hereinafter referred to as the "act" challenging the election of the respondent from no.127 of varkala legislative assembly constituency in the general election held on 13.04.2011. 2. petitioner, as a candidate, submitted two nomination papers, numbered as aro-13 and aro-14, to contest the ..... time of scrutiny, requested for allowing him to affix the notary stamp and, thus, cure the defect, but it was declined. petitioner had also pointed out the instruction in chapter vi of the hand book for returning officers, which specifically states that if the prescribed affidavits have been filed, but are found or considered to be defective or containing false ..... under the hand book for returning officers published by the election commission deserve to be taken note of. chapter vi of the hand book deals with the scrutiny of nominations by the returning officer. paragraph 2 of that chapter emphasizes that scrutiny of nomination papers is a quasi judicial function and it has to be discharged by the returning officers with the ..... highest judicial standards. paragraph 6 spells out that even if no objection is raised over the nomination paper the returning officer has to .....

Desiya Murpokku Dravida Kazhagam Vs. Election Commission of IndiA.

Court : Supreme Court of India

..... 29-a contained in part 4a of the representation of the people act, 1951, provided a complete procedure as to the manner in which political parties were to be registered. part vof the act deals with conduct of elections, which includes nomination of candidates, their election agents and the general procedure to be followed during the elections. the remaining chapters of part v deal with the conduct of ..... of clause 13 of the symbols order, this court held that the dispute relating to the procedure for setting up of candidates could be the subject matter of an election petition under section 100(1)(d)(iv) of the representation of the people act, 1951.9. the authority of the election commission under the election symbols order, 1968, as a whole was also challenged before this ..... than a national party, shall be treated as a recognized state party in a state or states, if, and only if, -either (a) (i) the candidates set up by it, at the last general election to the house of people, or to the legislative assembly of the state concerned, have secured not less than six per cent of the total valid votes polled ..... the election symbols order, 1968, were under consideration.in the first case, this court held that the power of superintendence, direction and controlvested in the election commission under article 324(1) of the constitution, include all powers necessary for the smooth conduct of elections. reliance was placed on the earlier decision of this court in shri sadiq ali & anr. vs. election .....

Nimmaka Jaya Raju Vs. Janardhana That Raj Veera Vara Thodaramala and O ...

Court : Andhra Pradesh

..... for sri p. kesava rao, advocate for the respondent no.1 and respondent no. 2 to 6 are not appearing in person or by advocate.) 1. an election petition under section 81 read with section 5(a) and section 100(1)(a) and (d)(i) of the representation of the people act, 1951 (for short the act) to declare the election of the 1st respondent to 130- ..... any objection about satrucharla chandrasekhara raju not belonging to a scheduled tribe. he also admitted that he supported sri satrucharla vijaya rama raju, when he contested as telugu desam candidate from parvathipuram lok sabha constituency, reserved for scheduled tribes. he further admitted that the objection against the scheduled tribe status of satrucharla chandrasekhara raju in zilla parishad territorial constituency ..... mandal as telugu desam and indian national congress nominees respectively and the objection of the petitioner regarding the social status of the 1st respondent at the time of scrutiny of nominations, was overruled. after the 1st respondent defeated the petitioner in the election, the petitioner did not file any election petition questioning the election of the 1st respondent, ..... zamindari family of belgam estate. in the manual of the district of vizagapatnam in the presidency of madras, published by the state editor, district gazette, hyderabad, andhra pradesh in chapter-xii relating to belgam family and estates at page 327, it is mentioned that the family belongs to hill rajah (konda raju) caste. in 2004(4) alt 14, .....

Nimmaka Jaya Raju Vs. Janardhana That Raj Veera Vara Thodarama

Court : Andhra Pradesh

..... .(1981) 4 scc 48.39.(2002) 5 scc 56.order: an election petition under section 81 read with section 5(a) and section 100(1)(a) and (d)(i) of the representation of the people act, 1951 (for short "the act") to declare the election of the 1st respondent to 130-kurupam (s.t.) assembly constituency to be null and void, set aside the same ..... any objection about satrucharla chandrasekhara raju not belonging to a scheduled tribe. he also admitted that he supported sri satrucharla vijaya rama raju, when he contested as telugu desam candidate from parvathipuram lok sabha constituency, reserved for scheduled tribes. he further admitted that the objection against the scheduled tribe status of satrucharla chandrasekhara raju in zilla parishad territorial constituency ..... mandal as telugu desam and indian national congress nominees respectively and the objection of the petitioner regarding the social status of the 1st respondent at the time of scrutiny of nominations, was overruled. after the 1st respondent defeated the petitioner in the election, the petitioner did not file any election petition questioning the election of the 1st respondent, particularly ..... a zamindari family of belgam estate. in the manual of the district of vizagapatnam in the presidency of madras, published by the state editor, district gazette, hyderabad, andhra pradesh in chapter-xii relating to belgam family and estates at page 327, it is mentioned that the family belongs to 'hill rajah' (konda raju) caste. in 2004(4) alt 14. .....

Devarajan Vs. State of Kerala

Court : Kerala

Reported in : 2012(3)KLT149; 2012(3)KHC60; 2012(3)KLJ241

..... the last lok sabha election from ponnani constituency. an affidavit was also sworn to and produced with his nomination paper as mandated by section 33a of the representation of peoples act, 1951 (for short r.p. act). that affidavit contained a false averment and the form 2a filed with nomination contained false statement, suppression of his previous conviction in a criminal case, was the basis of a ..... arise in the conduct of election, which are covered under part vi and vii of the above act. the definition of 'candidate' given thereunder cannot have a sweeping effect over the provisions in other chapters under the r.p. act wherein the term candidate is used, more particularly over the filing of nomination, scrutiny, rejection etc. if we go by part v of the r.p ..... nomination paper filed has been rejected, whatever be the reason thereof, according to the learned counsel, he cannot be considered as a candidate and, thus, liable to be prosecuted for the offence under section 125a of the r.p. act as proceeded in the present case. learned counsel for petitioner relied on sheo kumar and another vs. v.g. oak and others [a.i ..... .r 1953 all 633] and joseph vs. block development officer [air 1990 kerala 131] in support of the proposition canvassed of. learned director general of prosecution inviting attention to section 33 a and also the conduct of election rules, particularly form 2a prescribed for filing nomination paper, submitted that there is no merit in .....

Jitu Patnaik Vs. Sanatan Mohakud and ors.

Court : Supreme Court of India

..... the pleadings set out in the election petition. the returned candidate also made an application under order vi rule 16 read with 5section 151 and order vii rule 11 of the code of civil procedure, 1908 (for short, 'cpc') read with section 86(1) of the representation of the people act, 1951 (for short, '1951 act') with prayer to strike out/reject the pleadings made in ..... appropriate to survey the scheme of the 1951 act in regard to the 8conduct of elections. part v, chapter i of the 1951 act is relevant in this regard. section 30 requires the election commission, as soon as the notification calling upon a constituency to elect a member or members is issued, to appointa. the last date for making nominations,b. the date for the scrutiny ..... of nominations,c. the last date for the withdrawal ..... and published by the returning officer contains the names of the contesting candidates in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed.17. part v, chapter iii of the 1951 act deals with the general procedure at elections. section 52, after amendment in 1996, deals with the situation .....

Bhagyoday Janparishad (Registered Ngo) Through President Vs. State of ...

Court : Gujarat

..... on election expenditure monitoring (2002): 1. introduction : section 77(1) of the representation of the people act, 1951 makes it mandatory for every candidate to the house of the people or a state legislative assembly to keep a separate and correct account of all expenditure incurred or authorized by him or by his election agent, between the date on which he was nominated and the date of declaration of ..... provisions of the representation of the people act, 1951 and amount to new legislation in the field which cannot be justified in the guise of filling in gaps or lacunae in the legislation inter alia for the following reasons : a) the legislature has made comprehensive provisions for checking election expenditure by or on behalf of a candidate under chapter viii of the representation of the people act and has ..... also provided for consequences of breach under section 10a and section 123 of the representation of the people act. b) the legislature has consciously and expressly provided the termini within which the expenditure is to be monitored .....

Chandrabhan Singh Choudhary Vs. Kamal Nath

Court : Madhya Pradesh

..... in the case, one is under order 6 rule 16 c.p.c., read with sections 86 and 87 of the representation of peoples act, 1951 (hereinafter referred to as 'act' for short) praying that the pleadings as contained in para 12 to 18 partly 19 to 26, partly 28 to 39, 41 and 47 in the petition ..... that the respondent had used corrupt practice in the election and his election be declared as void under section 100(1)(b), (d), (ii), (iv), 123(6) of the representation of peoples 2 e.p.no.51/2009 chandrabhan singh choudhary vs. kamal nath act, 1951 and under rule 90 of conduct of election rules, 1961.2. the respondent on notice has filed two applications ..... maintained and declared from the date of nomination form and upto declaration of result under section 77(1) of the act, 1951.41. that, the respondent made the excessive expenditure then the maximum amount prescribed under rule 90 of the rules, 1961 would tantamount to corrupt practice. but, the said expenditure has to be incurred either by the candidate or by his election agent or ..... down by the apex court in kamalnath (supra). in kamalnath the position was identical and the apex court considering the identical position held that chapter viii of the act deals with election expenditure. under section 77 of the act every candidate, at an election, either by himself or by his election agent, is required to keep a separate and correct account of all expenditure .....