Court : Madhya Pradesh
Decided on : Apr-11-1989
Reported in : 1993(0)MPLJ284
..... even in a general election, which elects the government for the conduct of affairs of the nation, is neither fundamental nor constitutional right, but is merely statutory right and is subject to limitations prescribed in the relevant statute, namely, the representation of the people act, 1951. popular mandate expressed at the hustings is not to be lightly interfered with is also a salutary principle stressed importantly and repeatedly. (see n. p. punnuswami, air 1952 sc 64; jagan nath, air 1954 ..... all other persons engaged in the conduct of election are required to work 'under the general guidance, superintendence and control of the collector'. as per rules 24 and 35 of chapter vi, nomination papers are to be filed in form g-v for the election of the sarpanch, but in mat form, there is no provision of choice of any symbol by the candidate to be indicated, the relevant provision in that regard is contained in rule 31, of which relevant portion is extracted:'31. ... (2) where a poll becomes ..... the polling station or the polling booth at which the ballot box in which it was found was used'. although in that case, subsequent approval was obtained from the election commission for validating the votes cast on wrong ballots, rule 47(1) being held mandatory, that exercise was regarded fruitless. object of the provision, it was held, determined its character; its object was to indicate the manner in which voter's intention was to be determined and that was of fundamental importance. because .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-25-1989
Reported in : ILR1989KAR1081; 1989(1)KarLJ409
..... is liable to be set declared void because the respondent was guilty of the following corrupt practice as defined under section 123(7) of the representation of the people act, 1951, read with sections 100(1)(b) and 100(d)(ii) of the said act, the said corrupt practice was committed with the consent of the respondent returned candidate and of other workers of his with his consent. in any event, it was committed by the respondent's agents in the interests of the returned candidate and the said corrupt practice has materially affected the result of the election in so far as it concerns the returned ..... -section (7) of section 123 makes the position clear and so also the word 'candidate' in that section. the word 'candidate' as defined under section 79(b) of the act reads as:' 'candidate' means a person who has been or claims to have been duly nominated as a candidate at any election.'section 79 of the act provides that in part vi and in part vii of the act unless the context otherwise requires 'candidate' means a person duty nominated to the election. section 123 comes under chapter vii of the act and, therefore, the word 'candidate' as it occurs in section 123(7) should be understood as defined under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-26-1989
Reported in : 1992(2)ALT203
..... had no power to invalidate the votes polled in favour of the petitioner herein (returned candidate) is based or. the decisional law concerning election disputes under the representation of the people act. what shri chandrasekhar says although impressive at first sight becomes less so on closer examination. the analogy ought to be pressed into service, i think, is inappropriate. the representation of the people act, 1951 incorporates elaborate procedure, by part vi, regarding election disputes (sections ..... act are made applicable subject to the provisions of the representation of the people act. section 94 mandates that the secrecy of voting shall not be infringed. section 97 deals with the procedure of filing recriminating petition and when it can be filed. withdrawal and abetment of election petitions are dealt with in chapter iv. the conduct of election rules 1961 incorporate all the procedural details encompassing every relevant aspect. part ii deals, inter alia, with filing of nomination papers, allotment of symbols, list of validly nominated candidates ..... of each such practice. the nature of the relief that can be claimed is incorporated in section 84 - apart from a declaration that the election of the returned candidate is void, the petitioner can further ask for a declaration that he himself or any other candidate has been duly elected. chapter iii comprising sections 86 - 107 deals with trial of election petitions, by section 86 it is made obligatory on the part of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-08-1989
Reported in : 1990CriLJ167
Jayachandra Reddy, J.1. Whether the Appellate Court, while exercising its powers under S. 389(1) of the Cr.P.C., can suspend the execution of sentence as well as the conviction, pending an appeal preferred by a convicted person, is precisely the question that arises for our consideration in this batch of petitions. 2. The Special Court under A.C.B. and S.P.E. cases at Nellore convicted several public servants belonging to the Irrigation Department and also some contractors, for various offences of misconduct. The accused preferred appeals and also sought for suspension of the operation of the Judgment, which includes the conviction as well as the sentence imposed on them by the trial Court. It may be mentioned here that the public servants involved in those cases were suspended from service, and as per the interim directions of this Court in the writ petitions filed by them, they were reinstated into service and as such they have been continued in service. 3. The learned single Judge, ...
Tag this Judgment!Court : Mumbai
Decided on : Aug-23-1989
Reported in : 1989(3)BomCR641; (1989)91BOMLR829
C.S. Dharmadhikari, J.1. As all these writ petitions involve common questions of law and fact they were heard together and are disposed of by this common judgment.2. Respondent No. 3 in Writ Petition No. 943 of 1988 i.e. Shri Jagdamba Sahakari Sakhar Karkhana Ltd. is registered under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred as to the Act) as a Processing Society. It has set up a sugar factory with crushing capacity of 850 m.t. per day. The area of operation of the society extends to Karjat Taluka of Ahmednagar district. At the relevant time the society had 4200 individual members and 26 Co-operative Society members. The said society is a specified society within the meaning of section 73-G of the said Act. In the elections held on 26-3-1983 the Directors of this specified society were elected. One Shri K.R. Deshmukh was elected to the Board of Directors both from Producers constituency as well as from the Co-operative Societies constituency and, therefore,...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-29-1989
Reported in : AIR1990SC1889; JT1989(4)SC186; 1989(2)SCALE891; 1989Supp(2)SCC504
Kania, J.1. These two appeals arise out of the judgments in two Election Petitions in the Andhra Pradesh High Court questioning the election of respondent No. 1 as a Member of Parliament from Srikakulam No. Parliamentary Constituency in the 8th General Election to the House of the People. The points raised in these appeals are common and so are the relevant facts; and, hence, they are being disposed of by this common judgment. We propose to take note of only the few facts which are necessary for the appreciation of the controversy before us.2. The polling date for the said election along with other parliamentary elections in the State of Andhra Pradesh was December 27, 1984 but in Srikakulam No. 1 Parliamentary Constituency the polling was countermanded and the date of polling was later fixed on January 28, 1985. In both the Election Petitions the election of respondent No. 1 was questioned mainly on the ground that Shri N.T. Rama Rao, the Chief Minister of Andhra Pradesh as well as th...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-01-1989
Reported in : (1990)97PLR294
..... of the municipality or act as a legal practitioner against the municipality. there is no fundamental right in any person to stand as a candidate to the municipality. the only fundamental right which is guaranteed is that of practising any profession or carrying on any occupation, trade or business. there is no violation of the latter right in prescribing the disqualification of the type enacted in section 16 (1) (ix) of the act.'4. representation of the people act, 1951 (for short the parent act) was enacted to ..... religions. it prefers none and dislikes none. it neither advance nor impedes religious activities the state must confine itself to secular objectives a candidate who is nominated to contest elections to the council of state or the house of people is required to take oath that he will bear true faith and allegiance to the constitution as by law established and will uphold the sovereignty, unity and integrity of india ..... 1) prohibits the making of laws which violate the constitution and that the impugned sections interfere with a citizen's fundamental right to freedom of speech there is nothing in this contention. these laws do not stop a man from speaking. they merely prescribe conditions which must be observed if he wants to enter parliamentthe right to stand as a candidate and contest an election is not a common law right. it is a special right created by the statute and can only be exercised on the conditions laid down by the statute the fundamental rights chapter .....
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