Court : Punjab and Haryana
Decided on : Oct-24-1972
Reported in : AIR1973P& H456
..... candidates nos. (i) to (vi) given in para no. 9 of the petition with the object directly or indirectly to induce them to withdraw their candidature at the election. 11. para no. 11 of the election petition is incorrect, therefore, not admitted. the reply to the grounds given ad seriatim hereunder:-- (i) in reply to sub-para (i) it is submitted that the answering respondent neither incurred nor authorised incurring of expenditure beyond the prescribed limits in convention of the provisions of section 77 of the representation of the people act 1951 (no. 43 of 1951 ..... effect been noticed at that time, the same could be rectified under rule 14 of the rules framed by this hon'ble court in this behalf and contained in chapter 4-gg high court rules and orders vol. v.'the ultimate prayer in the petition was that the attached copy of the election petition may be ordered to be served ..... representation of the people act, 1951 (hereinafter referred to as the act).2. a notification was issued under section 15 of the act. this notification was published in the official gazette on 4th february, 1972. the notification called upon all the assembly constituencies in the state of haryana to elect members to the haryana legislative assembly in accordance with the provisions of the act and the rules and orders made thereunder. by another notification published in the official gazette under section 30 of the act, the election commission fixed 11th february, 1972 as the last date for filing the nomination .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-14-1972
Reported in : AIR1972All340
..... and the result of the election, in so far as it concerns him, was materially affected by the improper acceptance of his nomination? (iv) having regard to the findings on (i), (ii) and (iii) above, whether the election of respondent no. 1 is void under section 100(1)(a) and/or section 100(1)(d)(i) of the representation of the people act, 1951? 5. (i) whether all or any of the advertisements appearing in the issues of respondent no. 1's newspaper 'himani', referred to in paragraphs 14 to 16 of the petition, copies whereof are at annexures 3 to 7 ..... symbol of the communist party should be allotted to vidyasagar nautiyal, but on 3rd february, 1971, he intimated that in view of the understanding between the parties the communist party was not setting up any candidate and hence the symbol of the communist party should not be given to any candidate. the intimation was attended to on the 8th february, 1971, and since the symbol was already allotted to vidyasagar nautiyal the election officer informed the secretary of the communist party that no action could be taken at tha ..... 123(3) and section 123(3a) ofthe act, thereby rendering the election of respondent no. 1 void under section 100(1)(b) of the act.17. it may be mentioned at the outset that the issues in which the three articles are said to have been published have not been brought on record although under rule 9 of chapter xv-a of the rules of the court read with rule 8 of chapter xv thereof, the petitioner ought to have produced, on .....
Tag this Judgment!Court : Orissa
Decided on : Feb-01-1972
Reported in : AIR1973Ori60
..... j.1. this application under section 100(1) of the representation of the people act, 1951 (hereinafter referred to as me act) seeks to challenge the election of the respondent to the orissa legislative assembly from the melchhamunda constituency of the district of sambalpur.2. the last date for filing of nomination papers was 7-2-1971. nomination papers were scrutinised on 9-2-1971. objection was raised to the acceptance of the nomination paper of the respondent on the ground that he was disqualified under section 9a of the act. the returning officer overruled the objection and accepted the nomination paper ..... court dealt with a case of this type. execution of five works under the local development works programme envisaged under the second five-year plan formulated by the government of india was set up as disqualification of the elected candidate. the respondent in the election petition bad taken the stand that he had executed those contracts as the mukhia of the village panchayat. in such background their lordships said:'the second five-year plan published by ..... samiti had not come into existence weretaken over by the panchayat samiti and came to be regulated by the samiti thereafter. under orissa act 7 of 1960 the panchayat samiti is a body corporate (vide sections 4(2) and 17). chapter iv of the act constituted the panchayat samiti fund. section 28(1) provided:'all moneys received by a samiti shall constitute a fund called the 'panchayat samiti fund'. the fund shall vest in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-22-1972
Reported in : AIR1973P& H431
ORDER1. The election of Dhaja Ram respondent (the official Congress(R) Candidate) from the Safidon Assembly Constituency (Number 30) of the Haryana Legislative Assembly has been called in question by Satya Narain petitioner, an Advocate of Jind, who was defeated in the election in spite of securing 19462 votes as the first respondent secured 19570 votes, that is, 108 votes more than the petitioner. The petitioner has also claimed a declaration under Section 101 of the Representation of the People Act, 1951 that the petitioner be declared to have been duly elected. In the circumstances detailed hereinafter, it is not necessary to travel into the merits of the allegations of corrupt practices etc., made by the petitioner. Whereas respondent No. 1 contested the petition the other defeated candidates, that is, respondents 2 to 4 did not put in appearance and were proceeded against ex parte. In his written statement dated May 22, 1972, respondent No. 1 (hereinafter called the respondent) to...
Tag this Judgment!Court : Delhi
Decided on : Mar-20-1972
Reported in : 1973CriLJ512; ILR1972Delhi189
P.S. Safeer, J.(1) The short question for determination as contained in the referring order is as to whether the Controller functioning under the provisions of Act 59 of 1958 is a Court within the meaning of section 195(1)(b) of the Code of Criminal Procedure. This judgment will, along with the reference dispose of Criminal Miscellaneous (Main) No. 45 of 1971.(2) The petitioner has moved this court under section 561(A) of the Criminal Procedure Code (hereinafter called 'the Code') for quashing the proceedings pending against him before respondent No. 2. The allegations in the petition are that having obtained the permission of the competent authority the petitioner-landlord applied for the eviction of his tenant Hari Chand and obtained the eviction order dated the 4th of December, 1968, against which the appeal taken to the Rent Control Tribunal was dismissed on the 9th of February, 1970. He then took out execution proceedings. Hem Chand, respondent No. I to this petition along with hi...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-1972
Reported in : AIR1972SC1840; (1972)1SCC771; [1972]3SCR361
..... , parha pahan and other members of the tribe. in paragraph 6 more details were given of the various other ceremonies also which were performed in connection with the marriage. after referring to the relevant provisions of the representation of people act 1951, hereinafter called the 'act', it was stated that the returning officer had illegally allowed irrelevant personal aspersions to be cast against the petitioner by her opponents. it was alleged that the returning officer had been influenced by bodra who was the chairman of ..... whether the strict rule of endogamy of the munda tribe has been deviated from and whether custom has sanctioned such deviation. d.n. mazumdar in his work 'races and cultures of india' deals with tribal organisations in chapter 17. according to him the definition that is found in the current literature on the subject is given in the imperial gazetteer which is, 'a tribe is a collection of families bearing a common name, speaking a common dialect occupying or professing to occupy a common ..... officer. for that reason the election of the returned candidate shri n.e. horo from the 51 khunti parliamentary (scheduled tribe) constituency in the state of bihar was set aside.2. on may 1, 1970 the election commission of india issued a notification calling upon the above-named parliamentary constituency to elect a member to the lok sabha in the vacancy caused by the death of late shri jaipal singh. the last date for filing the nomination papers was may 8, 1970. the date .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-28-1972
Reported in : AIR1972SC1375; (1972)1SCC660; [1972]3SCR247
..... candidates are valid. in our opinion, the above decision does not lead to the result contended on behalf of the state. the special circumstances and the reasons for making the reservation to enable the central government to make nominations so that candidates belonging to those categories can get adequate representation ..... state, the reasons for adopting this procedure have been given in chapter vi. though information was called for regarding the student population ..... candidates for admission to the engineering and medical colleges in the state. the challenge was on the ground that it violated the guarantee against discrimination under article 29(2). this court held that the government order constitutes a violation of the fundamental right guaranteed to the citizens of all by article 29(2) of the constitution, notwithstanding the directive principles laid down in part iv of the constitution. this led to parliament adding clause iv in article 15 by the constitution (first amendment) act, 1951 ..... 1,500/- per annum. the state government again took up the question of drawing up a list of backward classes in consonance with the provisions of the constitution. for this purpose a cabinet sub-committee was constituted to draw up a list of persons who could be considered backward. the cabinet sub-committee obtained information from other states and as per the advice of its law secretary, it was decided that certain criteria is to be adopted for determining the backwardness of the people .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-10-1972
Reported in : AIR1973MP26
Tare, J.1. This is a petition under Article 226 of the Constitution of India by a Contractor, who took the Contract of purchase of Tendu leaves from the Government for the year 1970 under the M. P. Tendu Patta (Vvapar Viniyaman) Adhiniyam, 1964, and the M. P. Tendu Patta, Nivamavali, 1965 and 1966, and by this petition, he seeks a renewal of the contract for the Years 1971 and 1972 on the same terms.2. A State monopoly was created by enactment of the M. P. Tendu Patta (Vvapar Viniyaman) Adhiniym, 1964, which received the assent of the President on 23-11-1964 and which came into force from 28-11-1964. It will be necessary o consider some relevant provisions of the Act later on. The appellant Firm had purchased the right of collection of Tendu leaves for the year 1970 which provided for a renewal clause for a further period of two years on certain terms. It may be relevant to reproduce Condition No. 25 of the Tender Notice which is as follows:--'25. (1) Unless earlier determined under th...
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