Court : Mumbai
Decided on : Nov-01-1977
Reported in : AIR1978Bom356
..... the provisions of section 86 of the representation of the people act, 1951, read with section 82(b) of the said act on account of the failure of the petitioner to join prof. sadanand varde as a party to the petition?'on 15th october 1977 when the petition reached hearing, it was conceded by the petitioners that prof. sadanand varde was duly nominated as a candidate for the bombay north-west parliamentary constituency at the said election and that he duly withdrew his nomination on the last day fixed for the withdrawal of nominations. it was stated on that day that it was agreed between the advocates of respondents nos. 1 and 2 and the petitioner that, in view ..... any one person other than himself to be his election agent and whenany such appointment is made, notice ofthe appointment shall be given in theprescribed manner to the returningofficer.'sub-section (1) of section 77, which isincluded in chapter viii of the saidpart of the said act, runs as follows:'account of election expenses and maximum thereof:-- (1) every candidate at an election shall either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election .....
Tag this Judgment!Court : Delhi
Decided on : Apr-25-1977
Reported in : ILR1977Delhi265
..... of the election. in the alternative, it was prayed that writ of mandamus may be issued directing respondents no. 1 to act strictly in accordance with the provisions of section 64a(2) of the representation of the people act, 1951 (43 of 1951), hereinafter referred to as 'the act', and to confine his directions in regard to postal ballot papers only.(2) the other respondents to the writ petition are: shri mohinder singh sayanwala, m.l.a. ferozepore, akali candidate (respondent no. 3), shri avtar singh malhotra, a candidate of communist party of india (respondent no. 4) and shri manohar lal, shri makhan ..... of elections and deals with such matters as presentation of nomination papers, requirements of a valid nomination, scrutiny of nommations, etc and procedure for polling and counting of votes. part vi deals with disputes regarding elections and provides for the manner of presentation of election petitions, the constitution of election tribunals and the trial of election petitions. part vii outlines the various corrupt and illegal practices which may affect the elections, and electoral offences.(49) part v of the aforesaid act dealing with the conduct of elections, in chapter iv deals with the topic 'repoll .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-02-1977
Reported in : AIR1978SC851; (1978)1SCC405; [1978]2SCR272
..... in the submission. in this connection the learned judge observed :under section 36 of the representation of the people act, 1951, it is the duty of the retaining officer to scrutinize the nomination papers to ensure that they comply with the requirements of the act and decide all objections which be made to any nomination. it is clear that unless this duty is discharged properly, any number of candidates may stand for election without complying with the provisions of the act and a great deal of confusion may ensue. in discharging the statutory duty imposed on him ..... having been expressly excluded), and another after they have been completed by means of an election petition. in my opinion, to affirm such a position would be contrary to the scheme of part xv of the constitution and the representation of the people act, which, as i shall point out later, seems to be that any matter which has the effect of vitiating an election should be brought up only at the appropriate stage in an appropriate manner before a special tribunal and should not be ..... means that whenever we have to ascertain the true position in regard to any matter connected with elections, we have only to look at the act and the rules made thereunder. the provisions' of the act which are material to the present discussion are sections 60, 100, 105 and 170, and the provisions of chapter ii of part iv dealing with the form of election petitions, their contents and the reliefs which may be sought in them. section 80, which .....
Tag this Judgment!Court : Kerala
Decided on : Jul-14-1977
Reported in : AIR1977Ker160
..... both inclusive) deal with the procedure regarding the trial of election petitions. rule 207 may be read in this context: 'definitions.-- in this chapter, (1) 'the act' shall mean the representation of the people act, 1951, and (2) 'the judge' shall mean the judge of the court who has been assigned by the chief justice under sub-section (2) of section 80-a of the act, for the trial of election petitions.' by virtue of sub-rule (2) of rule 207 it is clear that for the purpose of trial of election ..... case that in exercise of the powers conferred by sub-section (2) of section 80-a of the representation of the people act, 1951 the chief justice of the high court of kerala nominated one judge of the high court to try election petitions. it is further admitted by both sides that the judge so nominated did not function at any time as a vacation judge and that the chief justice nominated during the relevant vacation two other judges to function as vacation judges. by notification ..... ordern.d.p. namboodiripad, j. 1. e. p. no. 22/1977 is a petition presented under section 81 of the representation of the people act 1951 challenging the election of the respondent as a member of the house of the people from the lakshadweep, a union territory. the petitioner and the respondent were the contesting candidates. poll was taken on 16-3-1977. the counting of votes took place on 20-3-1977 and on the same day the returning officer declared the respondent as elected. the election of the respondent .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-05-1977
Reported in : (1978)80BOMLR544; 1978MhLJ703
Naik, J.1. This petition raises an interesting question about the stage at which the President of a Municipal Council under the Maharashtra Municipalities Act, 1965 ('the Act of 1965', for short) could nominate members of the Subjects Committees under Section 63(3B)(i) of the Act. It also incidentally raises the question as to whether the Collector could interfere with that order-under the provisions of Section 308 of the Act and whether the Government could revise any such order under Section 318 of the Act.2. The question arises on the following facts: For the town of Ichalkaranji which has a population exceeding 75,000, 'A' Class Municipal Council has been constituted under the Act. The first elections to this council were held in November 1974. At that time the total number of members of this council consisted of forty-two elected and four co-opted councillors, in addition to the President. The elections to the Subjects Committees of this council were held in January 1975, and Janu...
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