Court : Mumbai
Decided on : Apr-06-1960
Reported in : AIR1961Bom29; (1961)63BOMLR20; ILR1960Bom994
..... determination which are stated in paragraph 11 as follows:'(1) whether the respondent proves that the allegations made in para 6 of the election petition and the schedule i of the election petition are the allegation of corrupt practice made against shri n.l. belekar, the candidate?(2) if so, whether the election petition is liable to be dismissed under section 90(3) of the representation of the people act, 1951, on account of the nonjoinder of this candidate as a party to the election petition'.20. in a j ..... of law. under part v of the act, there are prescribed five distinct stages in the conduct of elections : the first is the appointment of a date for nominations and the making of nominations; the second is the scrutiny of nominations; the third is the withdrawal of candidatures and publication of the names of candidates; the fourth is the taking of the poll; and the fifth, the counting of votes and the announcement of the result. section 32 provides for nomination of candidates for election and indicates that any person may be nominated as a candidate for election to fill a seat if he ..... further proceed. it will be seen that section 85 is part of chapter ii of part vi of the act. part vi deals with disputes regarding elections, and chapter ii thereof, with presentation of election petitions to the election commission. we stress that chapter ii only deals with presentation and that until the stage contemplated in chapter ii is reached, the trial of the election petition does not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-07-1960
Reported in : AIR1961SC58; [1961]1SCR576
..... stand in the way of this court's interfering with the high court's decision in a fit case, it would be proper for us to bear these provisions of the representation of the people act in mind when the correctness of such a decision is challenged before this court. it is unnecessary for us to consider whether the view of the high court that even in 1944 mangal ..... that is the main question in this appeal. the appellant, shanno devi, was one of the unsuccessful candidates at the general election held in march 1957 for the punjab legislative assembly. the respondent, mangal sain, was the successful candidate. the nomination papers of these and other candidates which were scrutinised on february 1, 1957, were accepted on the same date. the voting took place on march 12, and ..... defining the territory of india and making provisions as to how it can be added to or altered, in the four articles contained in its first chapter proceeds in the second chapter to deal with the subject of citizenship. of the seven articles in this chapter the last article, art. 11, only saves expressly the right of parliament to make provisions as regards acquisition and termination of citizenship and ..... for a writ to the supreme court of burma but his petition was disallowed. on the 29th october, 1951, mangal sain deposited with the competent authority in burma the registration certificate granted to him under the registration of foreigners act, 1948, and a few days later he came back to india and since then he has .....
Tag this Judgment!