Court : Supreme Court of India
Decided on : Mar-01-1990
Reported in : AIR1990SC838; JT1990(1)SC392; 1990(1)SCALE377; 1990Supp(1)SCC322; [1990]1SCR767
..... . both the mistakes according to the appellant materially affected the result of the election.6. before going into the controversy raised before us, we may note the relevant provisions of the election law. the election petition was filed under chapter-ii of the representation of the people act, 1951 (hereinafter referred to as 'the said act'). section 59 of the said act provides that at every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed. we are not concerned here with the special procedure for voting provided in certain cases provided for under ..... as respondents in the same order in the election petition. the dispute pertains to the election of six members to the rajya sabha by the elected members of the tamil nadu legislative assembly. the election was held, as scheduled, on june 28, 1986. the appellant and respondents nos. 1 to 7 were the eight candidates in the field, all the nominations having been found valid. the 8th respondent was the returning officer. the polling took place, as scheduled, on june 28, 1986 and, immediately thereafter, the ballot box was opened and the votes were sorted out. the election was under the preferential system .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-05-1990
Reported in : 1991(1)BomCR111
M.M. Qazi, J.1. The petitioner was a candidate for the Maharashtra Legislative Assembly Election of Adyar Constituency No. 144 held on 27-2-1990 along with respondent Nos. 1 to 26. The respondent No. 27 was the Returning Officer of the said election. The polling of the said constituency was over on 27-2-1990 at 5-00 P.M. Counting of votes started on 1-3-1990 at 8-00 A.M. and completed on 2-3-1990 at about 8-00 A.M. Immediately after result was announced and the respondent No. 1 (hereinafter referred to as 'the returned candidate') was declared elected. Total number of votes polled was near about 71.5% .. 1,03,226Total number of votes found in favour of the returned candidate .. 28,091Total number of votes found in favour of the petitioner. .. 20,521The petitioner contested the election on the ticket of the Republican Party of India (Khobragade) an his symbol was HORSE while the returned candidate Vilas Vishwanath Shrangarpawar contested the election as an independent candidate and his ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-04-1990
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... the learned solicitor general of india was confined to employment under the union of india and states dealt with under part xiv, chapter i of the constitution and cannot and do not extend to employment under local or other authorities referred to under article 12 of the ..... . by the very first amendment made in the constitution, namely, by the constitution (first amendment) act, 1951 clause (6) of article 19 was amended with retrospective effect. under this amemdment, sub-clause (g) of article 19(1) which guarantees to all citizens the right to carry on occupation, trade or business, was not to ..... employer had to draw up a chargesheet and give an opportunity to the delinquent workman to make his representation within 7 days. if the allegations were controverted, an enquiry had to be held by an officer to be nominated by the management and in such an enquiry reasonable opportunity of explaining and defending the alleged misconduct had ..... basis it was held that though the selection to a public office is a privilege and no vested right has been accrued till the candidate is appointed, in the context of fair play in action subserving the mandate of article 14 held at p. 45 thus:often times, convenience ..... assuring opportunity to disabuse the prima facie impression formed against the person to usher in a era of largest good to largest number of people with proper checks and balances between needs of the state and the rights of the individual. the brooding omni benevolence and omni competency .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-05-1990
Reported in : [1991]72CompCas588(AP)
ORDERJeevan Reddy, J.1. The issue before the Full Bench is whether a writ petition liesagainst a Co-operative Society, and if it doe's, in what circumstances? Context is the enforcement of bye-laws governing service conditions of employees.2. In P. S. Naidu v. Chittoor District Co,-operative Central Bank, (1977) 2 APLJ (HC) 282 : (1978 Lab IC 528), a Division Bench of this Court held that an order of punishment made by a Society against its employee cannot be questioned by the latter by way of writ petition. The Bench pointed out 'as far as this Court is concerned, it has uniformly taken the view that a writ petition does not lie against a co-operative society especially when it relates to matters concerning the Society and its employees. In C. V. Narasimha Naidu v. Chittoor District Co-operative Bank Ltd., (1971)2 APLJ (SN) 16 ('W.P. No. 3788/1970 dated 7-6-1971'), one of us (Kuppuswami, J.) following the decision of a Division Bench of this (Madras?) Court in Lakshmaiah v. Sri Perumb...
Tag this Judgment!Court : Allahabad
Decided on : May-25-1990
Reported in : AIR1990All188; (1990)2UPLBEC1110
..... its registered office within the khand. the reference is to section 6 of the act. this section provides for the composition of the kshettra samiti. the reference to a representation from the co-operative societies is in sub-clause (iii) of section 6(1) of the act. the first proviso to section 6, refers to disqualifications. it says that no ..... nomination paper of a candidatematerially affecting the result of the returned candidate. the proposition was that the result of an election can be effected only on the proof that the votes polled by the candidate whose nomination paper had been wrongly accepted would have been distributed in such a manner amongst the remaining candidates that some other candidate (other than the returned candidate ..... which the state government may by order specify to be chosen in the manner prescribed; (iv) all members of the house of the people and the state legislative assembly whose constituencies include any part of the khand and every such member, if any, ..... principles laid down by a full bench of this court in the matter of asiatic engineering co. v. achhru ram, air 1951 all 746 (fb); apply in the present case before this court. uncleaned as the conduct of the petitioners' is, discretion to invoke any of ..... his seat and representation as vacant. this court hereby directs the district judge, aforesaid, before whom the election petition is pending to draw up charges against rachpal singh for having committed a crime against public justice under chapter xi of .....
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