Court : Supreme Court of India
Decided on : Nov-07-1975
Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347
..... practice before he became a candidate. section 79 (b) of the representation of the people act. 1951, denned the word 'candidate' as follows:'candidate' means a person who has been or claims to have been duly nominated as a candidate at any election, and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate.clause 7 of the election laws (amendment) act, 1975, substituted the present definition ..... must not be confused, because the democratic ideal does not define the democratic reality and vice versa; the real democracy is not and cannot be the same as the ideal one. see 'democratic theory' by giovanni sartori, chapter i. one cannot test the validity of an ordinary law with reference to the essential elements of an ideal democracy. it can be tested only with reference to the principles of democracy actually incorporated in the constitution.349. nor ..... e that ordinary legislation must also answer the same test as a constitutional amendment. ordinary laws have to answer two f for their validity : (1) the law must be within the legislative competence of the legislature as defined and specified in chapter i, part xi of the constitution and (2) it must not offend against the provisions of article 13(1) and (2) of the constitution. 'basic structure', by the majority judgment, is not a part of the fundamental rights nor indeed a provision of the constitution. the theory of basic .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-25-1975
Reported in : AIR1976All47
ORDERJagmohan Lal, J.1. This election petition has been filed by Foam Harsh Misra to challenge the election to the U. P. Legislative Assembly from Constituency No. 148 known as Mahsi Constituency District Bahraich that was held on 26-2-1974. This election was contested by the petitioner and the respondents Nos. 1 to 9. The respondent No. 1 Sukhadraj Singh having secured the largest number of votes i.e., 16486 was declared elected. The petitioner lagged behind him by 33 votes having secured 16455 valid votes.2. The election has been challenged mainly on the ground that the counting of votes was not done properly. It was alleged that the size of the counting tables was small and when ten counting agents one of each candidate and three members of the counting staff sat around it there was great overcrowding. It was not possible for the counting agents to watch the ballot papers closely and see if they were being properly sorted out and kept correctly in the trays meant for each candidate....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-07-1975
Reported in : AIR1976P& H112
..... mere technicalities. a court of law charged with the duty of determining the validity of an election must lean in favour of the will of the people. this principle is firmly established in our system of laws relating to elections. section 100 of the representation of the people act, 1951, also provides that the election of the returned candidate can be declared void on account of any non-compliance with the provisions of the constitution or of the act or the rules framed thereunder only if such non-compliance with the statutory provisions has materially affected the result ..... five and not more than eleven members. provision has also been made for the election or co-option of a woman panch and for the election of panches belonging to the scheduled castes. chapter ii-a of the act relates to disputes regarding elections. section 13-b lays down that no election of panch or sarpanch shall be called in question except by an election petition presented in accordance with the provisions ..... d) that the result of the election in so far as it concerns tbe elected person, has been materially affected- (i) by the improper acceptance of any nomination; or (ii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or (iii) by any non-compliance with the provisions of this act or of any rules made under this act; the prescribed authority shall set aside the election of the elected person.' 9. a perusal of the aforementioned provisions shows that the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-05-1975
Reported in : AIR1976All79
..... parishads adhiniyam, 1961. materially differs from such intention underlying the representation of the people act, 1951.21. shri dayal has contended that the respondents on record, namely, respondents nos. 3 and 4 have a right to contest the appeal and, therefore, the appeal cannot be automatically allowed on the death of the respondent no. 2. i cannot accept this contention. the said two respondents were the two unsuccessful candidates in the election. however, they did not file any petition to ..... three chelas were to succeed one after another as shebait and after them worthy bairagi of brahmin descent was to be selected by the locality and the sadhus of neighbourhood. it was also agreed that those three persons would not nominate their successors. when the last of the aforesaid three chelas became she-bait and applied for mutation his application was opposed by the defendant. the land registration case ended in favour of the defendant who then dispossessed the former from the ..... and abatement of election petition is exhaustively dealt with in chapter iv of part vi of the act. in deciding whether a petition has abated or not the court cannot travel outside the provisions contained in that chapter. there is no 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 assembly .....
Tag this Judgment!Court : Allahabad
Decided on : May-19-1975
Reported in : AIR1976All26
..... the legislative council of the state holds an office of profit in the case of ramnarain v. ramchandra. air 1958 bom 325. a division bench of the bombay high court considered the provisions of article 191(1)(a) of the constitution in an appeal under section 116-a of the representation of the people act, 1951. one of the questions considered in that appeal was that the respondent ramchandra was a sitting member of the bombay legislative council and was also receiving day in that capacity. a question whether he was holding an office ..... union or for any state.'a similar provision exists in the case of the president of the union in article 58. these articles 58 and 66 are contained in part v of the constitution which relates to the union. it is also contained in chapter i which relates to the executive. article 53 provides that the executive power of the union shall be vested in the president and shall be exercised by him either directly or through officers subordinate to him in accordance with this constitution ..... averments are contained in paragraph 6 of the election petition and the relevant ground in respect thereof is raised in paragraph 33 (iv). this paragraph of the election petition reads as follows:--6. that the respondent no. 1 (who is the returned candidate) had filed his nomination paper during the term of his office of chairman of legislative council, u. p. without resigning from the said office and as such an objection was filed against his candidature by the respondent no .....
Tag this Judgment!Court : Delhi
Decided on : Dec-18-1975
Reported in : ILR1976Delhi375
..... representations under section 5-a of the act.(72) in case narendrajit singh and others v. the state of u.p., : [1970]3scr278 , it was held that section 4(i) of the act ..... seriall no. 7 of the foot-note of chapter iii of the interim plan regarding land use ..... development of delhi so as to provide accommodation for different classes of people who live and work in the union territory of delhi. to achieve thi ..... act. it was urged that land could only be acquired under the bihar town planning and improvement trust act, 1951, the said act vesting in the improvement trust the duty of carrying out the provisions of the said act in enforcing the improvement scheme in any local area and that the bihar act had thus replaced the land acquisition act in that the said act was a complete code for the acquisition of land for the purposes of the arust, and that the two acts were inconsistent acts ..... act, 1966, the total number of seats in the metropolitan council to be filled by persons chosen by direct election from territorial constituencics shall be fifty-six while under sub-section (3) the central government may nominate ..... act was not made applicable to cantonment area would not make the said area sacrosant to be treated differently than the other integral units of the union territory of delhi for the purposes of acquisition of land in the cantonment area for the planned development of delhi.(36) it was then contended that the town planning organisation at page 63 of the interim general plan had candidly .....
Tag this Judgment!Court : Delhi
Decided on : Sep-22-1975
Reported in : ILR1976Delhi753
S.S. Chadha, J. (1) An Act to establish a Press Council for the purpose of preserving the freedom of the Press and oF maintaining and improving the standards of newspapers and news agencies in India was enacted by Parliament, being Press Council Act 1965 (Act 34 of 1965), (hereinafter called the 'Act'). In furtherance or its object the Press Council is empowered to help newspapers and news agencies to maintain their independence. The Jurisdiction of the Press Council was invoked by two complaints under sections 12(2) (a) and (e) of the Act. What is the meaning and scope of the terms 'Freedom of Press', Independence of Newspapers' and the Independence of the Editor of a Newspaper' is one of the interesting questions which goes to the 'out of the jurisdiction of the Press Council that has arisen in this case. (2) On November 4, 1974. respondent 27, Shri D. R. Mankekar, addressed a complaint to the Press Council of India (hereinafter referred to as the 'Press Council') under section 12(2)...
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