Court : Supreme Court of India
Decided on : Aug-28-1974
Reported in : AIR1975SC43; (1975)1SCC76; [1975]1SCR918
..... of section 123(1)(a)(a) of the representation of the people act 1951. the determination of this question turns primarily on the true construction of the words 'to withdraw or not to withdraw from being a candidate at an election' in section 123(1)(a)(a) but in order to arrive at a proper interpretation it is necessary to look at the scheme of the relevant provisions of the act.30. part v of the act sets out the machinery for the conduct of elections. section 30 provides that as soon as the notification calling upon a constituency to elect a member or members is issued, the election commission shall appoint the last date for making nominations, the date for the scrutiny of nominations, the last date ..... ) of that section is that a corrupt practice has been committed by the returned candidate or his election agent or by any other person with the consent of the returned candidate or his election agent. what are corrupt practices which have the effect of invalidating an election are set out in chapter i of part vii which consists of a solitary section, namely, section 123. sub-section (1) of that section defines the corrupt practice of 'bribery'. when section 55a was introduced in the act by the representation of the people (amendment) act 27 of 1956, sub-section (1) of section 123 was correspondingly amended and that sub-section, as amended, was in the following .....
Tag this Judgment!Court : Orissa
Decided on : Jan-14-1974
Reported in : AIR1975Ori184
..... petition by way of amendment? if so, is the petition liable to be dismissed under section 86(1) of the representation of the people act, 1951? (12) has any alteration and modification been made in the verification and affidavit annexed to the petition without authority of law? if so, has the petition become invalid, infructuous and liable to be dismissed under section 86(1) of the representation of the people act, 1951? (14) whether the relief claimed by the petitioner has become infructuous on account of the dissolution of ..... returning officer rejecting the nomination paper under section 36(2)(b) of the act. one of the matters which the returning officer was required to be satisfied about under section 36 of the act was whether the candidate who is not an elector in the constituency in question is in fact an elector of a different constituency, before rejecting the nomination paper. section 33(5) of the act requires the candidate to supply the certified copy containing the relevant entry of the electoral roll to establish the fact that the candidate is an elector in the constituency ..... calling upon the petitioner to file requisites for service of summons both through court and by registered post. 'requisites' includes as per rule 12 of chapter viii of the high court rules, 'process fee and typed copies of applications for purpose of service'. the court ordered on 16-1-1973 for effecting service in both ways and in pursuance of that order, p. w. 3 issued ext. h. if, in fact, there .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-16-1974
Reported in : AIR1974SC505; 40(1974)CLT283(SC); (1974)1SCC526; [1974]3SCR114; 1974(6)LC136(SC)
..... 1. this appeal is preferred under section 116a of the representation of the people act, 1951 (hereinafter referred to as the act) against the judgment of the orissa high court dismissing an election petition filed by the appellant challenging the election of the respondent to the orissa legislative assembly from melchhamunda constituency in sambhalpur district of the state of orissa.2. the facts giving rise to the appeal may be briefly stated as follows:there were general elections to the orissa legislative assembly sometimes in the beginning of march 1971. the last date for filing nomination ..... respondent, therefore, raised a preliminary objection at the hearing of the appeal before us that in view of the dissolution of the orissa legislative assembly, it was academic to decide whether or not the respondent was disqualified from being a candidate under section 9a and we should accordingly decline to hear the appeal on merits. the argument of the respondent was that unless there is a living issue between the parties the court would not proceed to ..... abatement of election petitions is exhaustively dealt with in chapter iv of part vi of the act. in deciding whether a petition has abated or not we cannot travel outside the provision providing for the dropping of an election petition for any reason other than those mentioned therein. the act does not provide for the abatement of an election petition either when the returned candidate whose election is challenged resigns or when the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-07-1974
Reported in : AIR1975Bom205; (1975)77BOMLR533
..... petitioner to urge for challenging the validity of an election of the successful candidate.20. reference was also made to the decision of the supreme court in kabul singh v. kundan singh, : [1970]1scr845 . the effect of section 30 of the representation of the people act, 1950 came only for consideration. having regard to ..... nomination of candidates, form of nomination paper, objections to nomination, scrutiny of nomination paper and appeal, against the acceptance or rejection of nomination papers. under rule 12 any person may be nominated as a candidate for election to fill a seat, if he is qualified to be chosen to fill that seat under the provision of the act. rule 13 provides for scrutiny of nomination papers. sub-rules (i) thereof provides for class of persons who can remain present at the time when the nomination paper is to be scrutinised . under that sub-rule the candidates, one proposer of each candidate ..... supreme court. he referred us to the case the provisions of sections 14 and 20 of mysore town municipalities act, 1951 came up for consideration. upon interpretation of section 14 the supreme court took the view that, 'where a person is elected as ..... chapter ii deals with municipals councils. sections 10 to 20 therein pertain to election and publication of names of elected, co-opted and nominated councillors, section 21 deals with disputes in respect of election , co-option or nomination of councillors. section 15 in the above group of sections deals with qualification for candidates .....
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