Court : Supreme Court of India
Decided on : Oct-16-1987
Reported in : AIR1987SC2371; JT1987(4)SC111; 1987(2)SCALE780; 1987(Supp)SCC692; [1988]1SCR525
..... court is of opinion -(a) that the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the connivance of the returned candidate; or5. the word 'connivance' in section 18(1)(a), of the act was substituted later on by parliament when the former part iii of the act was substituted by' the present part iii of the act by the presidential and the vice-presidential elections (amendment) act, 1977 to bring it in line with the provisions of section 123(1) and (2) of the representation of the people act, 1951, which contain the grounds of bribery and undue influence which would vitiate the election to either house of parliament ..... -compliance with the provisions of the constitution or of this act or of any rules or orders made under this act ; or(iii) by reason of the fact that the nomination , of any candidate (other than the successful candidate), who has not withdrawn his candidature, has been wrongly accepted; or(c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the supreme court shall declare the election of the returned candidate to be void.(2) for the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in chapter ixa of the indian penal code.3 .....
Tag this Judgment!Court : Chennai
Decided on : Apr-16-1987
Reported in : AIR1988Mad275
..... for disqualifications in respect of certain offences, does not refer to a conviction under the prevention of insults to national honour act.30. a reference was made by mr. raghavan to section 11 of the representation of people act, 1951, which reads as follows: - '11 removal or reduction of period of disqualification - the election commission may, for reasons to be recorded, remove any disqualification under this, chapter except under section 8a or reduce the period of any such disqualification.'the argument was that the authority nominated by the statute to remove, the disqualification is the election commission. we are not able to appreciate how section 11 is of arty ..... by parliament. we are not concerned with the qualifications referred to in cls. (a) and (b). clause (a) refers to the oath or affirmation to be made by a candidate when he stands for election and clause (b) refers to the minimum age for person who wants to stand for election. the law made by the parliament referred to in cl. (c) of art. 173 is the representation of the people act, 195 1. s. 8 of the said act reads as follows: 8. disqualification on conviction for certain offences: - (1) a person convicted of an offence punishable u/s. 153a or s. 171e or s. 171f or sub-section (2 .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-15-1987
Reported in : AIR1988HP41
..... aside (see sub-section (1)). the consequence which must follow upon the setting aside of an election is also provided by enacting that a fresh election shall be held (see sub-section (2)). the scheme of the act in this regard is thus entirely different from the scheme of the representation of the people act, 1951, which enables an election petitioner to claim not only a declaration that the election of the returned candidate is void but also that he himself or any other candidate has been duly elected (see ..... section 168. though rule 55 speaks only of the presentation of the election petition to the sub-divisional officer (civil) and does not specifically prescribe the said officer as the authority for the trial of such petitions, the relevant provisions of chapter xiii of the act and, more particularly, of section 172, as well as of the other rules, such as rules 58 to 62, contained in part v, clearly indicate that the said officer is also the prescribed authority for the trial of the election petitions.20 ..... . these results were published on september 30, 1985.3. respondent no. 1 then challenged this election by filing an election petition before respondent no. 5, under section 186 of the himachal pradesh panchayati raj act, 1968 (hereinafter referred to as 'the act' ' ),vide annexure r1/a, on a number of grounds which, inter alia, were : (a) improper acceptance of nomination papers of the petitioner as he was disqualified from contesting the election; (b) exercise of corrupt .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-14-1987
Reported in : ILR1988KAR1348
ORDERBopanna, J.1. These petitions raise a question of considerable importance to the proper working of the Mandal Panchayats constituted under the provisions of the Karnataka Zilla Parishads, Taluka Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (in short called as the Act) and the Rules framed thereunder.2. Various contentions have been taken by the petitioners in these petitions challenging the validity of the nominations made by the Zilla Parishads under the provisions of Section 5(3) of the Act. They have questioned not only the validity of the nominations but also the eligibility of the candidates who were nominated oh the ground that those candidates do not satisfy the criteria of backwardness as defined in the Act.3. In the course of the arguments by the learned Counsel for the petitioners, it was observed by this Court that a preliminary issue touching the jurisdiction of the Adhyaksha of the Zilla Parishads to make nominations under Section 5(3) of the A...
Tag this Judgment!Court : Allahabad
Decided on : Apr-23-1987
Reported in : AIR1988All102
..... 13 of the petition are mere reproduction of the language of section 100(1)(d)(iii) and section 100(1)(d)(iv) of the representation of the people act, 1951 and do not amount to a ground of challenge to the election of the first respondent on either of the two sub-clauses of clause (d)(iii) and (d)(iv) of section 100(1), inasmuch as there is no assertion that the result of the election, '........in so faras it concerns the returned candidate' has been materially affected it is urged that the absence of ..... provisions relating to the trial of election petition) of the rules of court, 1952 says that an application shall ordinarily be accompanied by an affidavit and says further that 'subject to the proviso to sub-section (1) of section 83 of the act, the provisions of chap. ix as to affidavits shall apply to proceedings under this chapter'. rule 12 of chapt. ix lays down that certain applications are to be accompanied by an affidavit and that they shall 'set out in the form of a narrative the material facts and circumstances including ..... , j.1. in the election for the u.p. legislative assembly, one of the constituencies which was called upon to elect a member was 285 jahanabad fatehpur assembly constituency, feb. 6, 1985 was the last date for filing of nominations. scrutiny was to take place on feb. 7. the date of poll was march 5, 1985. counting of votes was fixed for march 5, ,1985. a number of people filed their nominations but after scrutiny and withdrawal 13 candidates remained in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-01-1987
Reported in : AIR1987P& H263
..... necessary for the discharge of the functions conferred on the election commission by clause (i).'138. parliament enacted representation of the people act, 1951 (for short 'the 1951 act') in exercise of power under article 327 of the constitution of india. the provisions of section 123 of the 1951 act, enumerates corrupt practice in elections on the proof of which, on the part of a candidate envisages declaration of his election void. chapter iii of part v ii of the 1951 act provides list of the electoral offences and also prescribes penalty and punishments ..... purposes of this sub-paragpraphs.- (a) an elected member of a house shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member; (b) a nominated member of a house shall,-- (i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party; (ii) in any other case, be deemed to belong to the political party of which he becomes, or, ..... these are the bodies which have applied themselves to the task mill ascribes to the constituents; they search out qualities among men and ascertain the value of policies. they make or endorse the nominations. the caucus or the primary nominates on the basis of party membership and party program. the consituents expect the member to follow the instructions of the party whip. the party organization itself disciplines the member. the old time discussion is, therefore .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-03-1987
Reported in : ILR1988KAR509
..... contention that article 20(1) is attracted to the facts of this case. the decisions on which the petitioners relied do not also advance this contention.11. the supreme court in dhartipakar madan lal agarwal v. shri rajiv gandhi, : [1987]3scr369 observed as follows:'right to contest election or to question the election by means of an election petition is neither common law nor fundamental right instead it is a statutory right regulated by the statutory provisions of the representation of the people act, 1951. there is no fundamental ..... abstention.explanation. for the purposes of this sub-paragraph --(a) an elected member of a house shall be deemed to belong to the political party, if any. by which he was set up as a candidate for election as such member;(b) a nominated member of a house shall, --(i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party;(ii) in any other case, be deemed to belong to the political party of which he becomes, or as the case may be, first ..... reads as under:'removal of persons convicted of certain offences--if a person has been convicted --(a) of an offence under chapter xii, xvi or xvii of the indian penal code (xlv of 1860), or(b) twice of an offence under section 9 or 23 of the bombay beggars act, 1945 (bom xxiii of 1945), or under the bombay prevention of prostitution act, 1923 (bom xi of 1923), or(c) thrice of an offence within a period of three years under section 4 or .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-12-1987
Reported in : (1988)90BOMLR39
..... filed by both the petitioners seeking declaration that lok sabha election of respondent no 1. -- ashok shankarrao chavan -- as successful candidate be held void as he is guilty of corrupt practices. in this petition, issues are framed at exhibit 19 and issue no. 1 is whether this election petition is barred by limitation.3. the issue arises in this way. under section 81 of the representation of the people act, 1951, the election petition questioning the election has to be presented to the high court within ..... was no closing of the high court as such during the summer vacation.in exercise of the powers conferred by sub-section (2) of section 80a 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. the judge so nominated did not function at any time....since the period of limitation of 45 days expired during the currency of the vacation the petitioner had time ..... receive an election petition. rule 3 of chapter i again applies only to such cases where the period of limitation is prescribed by the high court rules.also the term 'public holiday' referred to in section 2(1)(h) of the representation of the people act has nothing to do with any administrative function exercised by the high court but refers only to such contingencies as are mentioned in the conduct of the actual elections under the provisions of the representation of the people act.hence as the period of limitation expired .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-13-1987
Reported in : 1987(3)BomCR365; (1987)89BOMLR245; 1987MhLJ607
..... has not been drafted with the meticulousness of an election law. co-opting and nominating members is not a new exercise in setting up a democratic body. article 171 of the constitution provides for nomination of members having special knowledge or practical experience in certain fields such as literature, science, art, co-operative movement and social. section 81 of the representation of the people act, 1951, enables an elector to file an election petition calling in question any election and the ..... public health, local self-governement, education and social service.10. rules do not prescribe that the candidates should marshal all his qualifications in the form prescribed under the act because ultimately it is not the qualifications mentioned in the form that would weigh with the members of the electoral college but their evaluation that the candidate does possess those qualifications.11. petition succeeds. rule made absolute in terms of prayer clause (b ..... vaze, j.1. the maharashtra municipalities act, 1965 (hereinafter referred to as 'the act') in its chapter ii deals with the classification of municipal areas and municipal councils. the first group in the council consists of councillors elected at ward elections. the second group consists of councillors co-opted by the elected councillors. an unusual contingency is envisaged by section 18 of the act whereunder if at the general elections no councillor is elected from any ward the vacancy is to be filled in by nomination of a duly .....
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