Court : Rajasthan
Decided on : Aug-26-1953
Reported in : AIR1954Raj145
..... representation of the people act (no. 43 of 1951), (2) that it acted without jurisdiction in adding the duly nominated candidates as parties subsequent to the filing of the election petition in direct contravention of the mandatory provisions of section 82 01 act 43 or 1951, (3) that it acted in disregard of the provisions of sections 82, 83, 86, 90 and other relevant provisions of act 43 of 1961 by applying the provisions of order 1, rules 9 and 10, civil p. c., (4) that it acted without jurisdiction in impleading the duty nominated candidates ..... it be wrong in law, except where it offends against principles of natural justice, or is clearly in excess of its jurisdiction, or there is an error of law apparent on the record. 13. a perusal of various sections in chapter 6 of the representation of the people act (no. 43 of 1951) shows that there is no other fact to be established before the election tribunal gets jurisdiction, except that the election petition should be sent to it for trial. section 81 provides for the presentation of ..... it gave in the absence of these persons also. 18. a further consideration of the provisions in part 6 of the representation of the people act, 1951, will also show that non-compliance with s- 82 strictly does not go to the root of the matter, even if it were to be held that all the candidates, who were duly nominated, include candidates whose nominations were valid, but who withdrew within the time limit. we have already referred to section 85, and .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-19-1953
Reported in : AIR1953All633
..... is whether the failure of opposite party 4 to implead ganga prasad is fatal to the maintainability of the election petition presented by opposite party 4.7. on the date of the nomination as many as nine candidates were nominated. among them was one ganga prasad. he survived his scrutiny under section 36, representation of the people act, 1951, (hereinafter called the act), but withdrew his candidature under section 37 of the act on the date fixed under clause (c) of section 30. the question that has to be considered is whether, under these circumstances, he can be said to have ..... takes place are very different from those which follow the withdrawal of a duly nominated candidate from the election. in the former case proceedings have to begin afresh, while in the latter case the candidate simply goes out of the electoral picture and the election takes place from among the other duly nominated candidates as if he had never sought election.11. it has been pointed out that part v of the act deals with the conduct of elections. chapter i lays down the rules and procedure for the nomination of candidates. under section 30 the election commission has to appoint the last date for making .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-20-1953
Reported in : AIR1954Raj158
..... not contemplated by the scheme of the representation of the people act and the tribunal has been armed with ample powers to make a suitable arrangement for the prosecution of an election petition in case the petitioners for any reason decline to proceed with it. in the first place, section 82 of the act provides that the petitionershall join as respondents to his petition all the candidates who were duly nominated at the election other than himself if he was so nominated. in the election petition, therefore ..... issued by the president of india in consultation with the rajpramukh of rajasthan on 27-2-1951. clause 3 of that order lays down that there shall be paid to the judges of the high court for the state of rajasthan in respect of the time spent on actual service, salary, at certain rates and 'actual service' is denned in clause 2 as including 'i. time spent by a judge on duty as a judge or in the performance of such other function ..... candidate to have been duly elected; or (d) declaring the election to be wholly void. the above provisions make it quite clear that the election tribunal has to record its decision as provided under section 98 and cannot merely dismiss an election petition for default. in order that a decision on the merits may be made, the tribunal is armed with powers to examine any person 'suo motu' and to direct the advocate-general of the state to take part at the trial as the tribunal may direct. this is further clear by reference to the provisions of chapter .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1953
Reported in : AIR1954Mad231; (1953)2MLJ483
..... by the members of the state legislative assembly, at an election held on 27-3-1953. on 4-3-1953 the governor of madras issued a notification under section 18(1)(b), representation of the people act (43 of 1951) hereinafter referred to as the act calling upon the members of the legislative assembly to elect 24 members to the legislative council. the last date fix-ed for nomination was 13th march; for scrutiny of the nomination paper 14th march; and for polling 27th march. one sri u. c. subramania bhatt who is the respondent in w. p. no. 72 of 1953 presented ..... by one of the number of vacancies to be filled, and the result increased by one, disregarding any fractional remainder, shall be the number of votes sufficient to secure the return of a candidate (in this chapter referred to as the 'quota')." the new rules which were substituted on 10-3-1952 run as follows:"96. counting of votes: (1) the returning officer shall then count the number of papers in each parcel and credit the candidate concerned with the value of those papers. he shall also ascertain and record the total number of valid papers.(2) for the purpose of facilitating the processes .....
Tag this Judgment!Court : Chennai
Decided on : Mar-13-1953
Reported in : AIR1954Mad336; (1953)2MLJ577
..... candidates for the seat, filed on 27-3-1952 a petition under section 81 of the representation of the people act, hereinafter referred to as the act, for setting aside the election. the election commission to which it was presented appointed under section 86 of the act an election tribunal for the hearing of this petition. notice of the same was served on the petitioner on 28-9-1952. on 22-10-1952 when the petition came up for hearing before the election tribunal the petitioner raised a preliminary objection to its maintainability on the ground that it was not duly verified as required by section 83 of the representation of the people act, 1951 ..... i should still bold that it did not affect the jurisdiction of the election tribunal to proceed with the trial. when once the matter comes before it under section 86, thereafter the powers of the election tribunal are those which are conferred on it by the statute and such powers are not controlled by the limitations on the power of the election commission under the act. the election tribunal is in no sense a body subordinate to the election commission; it is no doubt nominated ..... contention is that though 'trial' might be understood as meaning only the actual hearing of the petition, that was not the sense in which it was used in the act; that section 90 (3) finds a place in chapter iii part 6 which is headed 'trial of election petitions', that the enumeration of certain powers in section 92 is illustrative and not exhaustive and that the .....
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