Court : Allahabad
Decided on : Oct-09-1956
Reported in : AIR1957All354
..... is no poll. in the wide sense, the word is used to connote the entire process culminating in a candidate being declared elected' see ponnuswami v. returning officer, nanekkal constituency, 1952 scr 218 at p. 226: (air 1952 sc 64 at p. 67) (a) and it is clear on the authority of this case that the word 'election' in article 329(b), and in section 80 of the representation of the people act, 1951, is used in the wider sense with the consequence that the question whether a nomination paper has been rightly accepted or rejected can be determined only by an election tribunal ..... under those rules. the only rule to which our attention has been drawn which deals with the function of director of elections is rule 16-a, sub-rule (1) of which provides that 'the conduct of elections under this chapter shall be under the general superintendence, direction and control of the director of elections'.this provision appears to be founded on article 324(1) of the constitution which provides that the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the parliament and to legislature of every state and of elections to the offices of president and vice-president .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-21-1956
Reported in : AIR1957SC444; [1957]1SCR370
..... of the appellants to the legislative assembly, uttar pradesh from the lucknow central constituency, void under s. 100(2)(b) of the representation of the people act no. xliii of 1951, hereinafter referred to as the act. the constituency is a double-member constituency, one of the seats being reserved for a member of the scheduled castes. the polling took palace on 31-1-1952, and the two appellants were declared elected, they having secured the largest number of votes. on june 10, 1952, the respondent ..... court in jagan nath v. jaswant singh : [1954]1scr892 goes far to conclude the question in favour of the respondent. in that case, a petition to set aside an election was filed without impleading one of the candidates, baijnath, who had been nominated but had withdrawn from the contest. that was against s. 82 of the act. the respondent then applied for an order dismissing the petition on the ground that it could not on in the absence of baijnath. the tribunal held on this petition that the non-joinder of baijnath was not ..... among the matters set out therein are discovery and inspection, enforcing attendance of witnesses and compelling the production of documents, which clearly do not form part of the hearing but precede it. in our opinion, the provisions of chapter iii read as a whole, clearly show that 'trial' is used as meaning the entire proceedings before the tribunal from the time when the petition is transferred to it under s. 86 until the pronouncement of the award. (2) the .....
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