Court : Allahabad
Decided on : Jul-31-1992
Reported in : AIR1993All104
..... by the respondent under the representation of the people act, 1951 (briefly the act) that the election petition filed by the petitioner be dismissed under section 86 of the act for non compliance of the provisions of section 81 of the act. the election of the respondent to the parliament from 50, ghazipur parliamentary constituency in which the poll was held on 20th may 1991, has been challenged by the petitioner who also filed his nomination to contest from the aforesaid constituency but his name did not appear in the list of contesting candidates on the ground that hisnomination was withdrawn, though according to the petitioner the fact was that he never withdrew his nomination.2. it ..... on one or more of the grounds specified in sub-section (1) of section 100 and section 101 to the high court by any candidate or any elector. sri raj kumar jain, learned counsel for the respondent submits that in no case can the presentation of an election petition to the registrar under rule 3, chapter xv-a of the rules be said to be the presentation within the meaning of section 81 of the act. his submission is that an election petition can be presented in such manner as may be provided in part vi of the act by the appropriate legislature. the act of 1951 has been enacted by the parliament and that does not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-17-1992
Reported in : AIR1993SC20; JT1992(5)SC479; 1992(2)SCALE566; 1993Supp(4)SCC386; [1992]Supp1SCR651
ORDERJ.S. Verma, J.1. Both these election petitions filed under Section 14 of the Presidential and Vice-Presidential Elections Act, 1952 (hereinafter referred to as 'the Act') challenge the election of Dr. Shanker Dayal Sharma, as the ninth President of India, On scrutiny of nomination papers made on June 25, 1992 by the Returning Officer, the nomination papers of only four persons, namely, Dr. Shanker Dayal Sharma, Prof. G.G. Swell, Shri Ram Jethmalani and Kaka Joginder Singh alias Dharati Paked, were found valid and accordingly accepted. Polling was held on July 13, 1992 and result of the election was declared on July 16, 1992 at which Dr. Shanker Dayal Sharma was declared elected; and he was sworn in as the ninth President of India on July 25, 1992. Mithilesh Kumar Sinha, petitioner in Election Petition No. 1 of 1992, had filed his nomination paper at the election, but the same was rejected by the Returning Officer on the date of scrutiny due to non-compliance of the manda...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-10-1992
Reported in : 1992(3)ALT324
Sivaraman Nair, J.1. This appeal arises from the judgment in W.P. No. 7412/92. Petitioner is the appellant. She assailed her transfer 'on religious grounds' from the posts of Principal & Correspondent of St. Ann's Degree and Post Graduate Colleges and Correspondent of St. Ann's Junior College for Girls, Mehdipatnam to the Generalate of St.Ann's Society at Guntur. The transfer was made by the 7th respondent who is the Superior General of the Society of St. Ann, Guntur. She replaced the petitioner by appointing respondent No. 5 as the Correspondent of the three colleges and as Principal of the Degree College and Post Graduate Centre and the 6th respondent as Principal of the Junior College. Petitioner assailed the order as devoid of jurisdiction, vitiated by malafides and as violative of the principles of natural justice. Those grounds did not appeal to the learned single judge. He therefore dismissed the Writ Petition. Hence this appeal.2. The pleadings in this appeal are voluminous. Th...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-11-1992
Reported in : AIR1993HP84
..... no. 1 was declared duly elected having won the election with a margin of 3738 votes. respondents no. 2 to 16 were the other candidates who contested the election.2. the election is sought to be set aside on various grounds, namely:(a) improper acceptance of nomination of respondent no. 7; (b) corrupt practices having been committed by the returned candidate, his election agent and by other persons, with the consent of returned candidate and his election agent; (c) the improper reception and rejection of votes; and (d) violation of rules made under the representation of people act, 1951 ..... supplied. in order to assess the strength in the objection and the impact of the averments made in para 12 of the petition, it is worthwhile to make a reference to various provisions of the act and the rules.49. chapter v of the act deals with the counting of the votes and section 64 therein says that at every election where the poll is taken, votes shall be counted by or under the supervision and directions of the returning officer and each contesting candidate, his election agent and his counting agents, shall have a right to be present at the time of counting. section 66 require the declaration .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-05-1992
Reported in : AIR1992P& H183; (1992)102PLR12
..... ) of the conduct of elections rules, 1961 (hereinafter referred to as 'the rules'). the relevant statutory provisions as contained in the act and the rules are reproduced below for facility of reference.representation of the people act, 1951 '77. 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 authorized by him or by his election agent between the date on which he has been nominated and the date of declaration of the result there of, both dates inclusive.explanation ..... to lodge an account of election expenses within the time and in the manner required by or under this act, and b) has no good reason or justification for the failure,'the election commission shall, by order published in the official gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.'section 11 removal or reduction of period of disqualification.-the election commission may, for reason to be recorded, remove any disqualification under this chapter except under s. 8a or reduce the period of any such disqualification .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-31-1992
Reported in : AIR1992Bom457; 1992(1)BomCR590; 1992(1)MhLj883
..... , namakkal constituency namakkal salem dist. reported in : [1952]1scr218 and bearing in mind the distinction between the scheme of the provisions of the representation of the people act of 1950 and act of 1951 on the one hand' and the maharashtra co-operative societies act, 1960 and the 1971 rules on the other, the learned judges came to the following conclusion :--'but in the present case, under the ..... considering the application and the report of the district deputy registrar give his decision in writing to the persons concerned, before the first date fixed for making nominations. if the collector decides that the name of the applicant should be registered as a voter, he shall accordingly modify the list finalised by him earlier under ..... remedy is available to an aggrieved party to file an election petition to challenge the election of the returned candidate on the ground of illegality committed in conducting the election. it has been repeatedly stressed by the supreme court that it is not appropriate for the high ..... chapter xi-a of the said i960 act. s. 144t provides for a forum for entertaining disputes relating to an election which has to be referred to the commissioner of a division and such reference can be made by an aggrieved party by presenting election petition within a period of 2 months from the date of the declaration of the results of the election. s. 144t reads as under:--'144t. (1) notwithstanding anything contained in s. 91 or any other provisions of this act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-18-1992
Reported in : AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,[1992]1SCR686
..... lid and threw it away.' [see: constitutional fundamental, the hamlyn lectures, 1989 edn. p.88].in durga shankar mehta v. raghuraj singh : [1955]1scr267 the order of the election tribunal was made final and conclusive by section 105 of the representation of the people act, 1951. the contention was that the finality and conclusiveness clauses barred the jurisdiction of the supreme court under article 136. this contention was repelled. it was observed:.but once it is held that it is a judicial tribunal empowered and obliged to deal judicially with disputes ..... with the terms of the bill:provided that if such amendment seeks to make any change in --(a) article 54, article 55, article 73, article 162 or article 241, or(b) chapter iv of part v, chapter v of part vi, or chapter i of part xi, or(c) any of the lists in the seventh schedule, or(d) the representation of states in parliament, or(e) the provisions of this article,the amendment shall also require to be ratified by the legislature of not less than one-half of the states by resolutions to that effect passed ..... or who joins a political party within six months of his taking oath. paragraph 2(2) deals with a member who has been elected otherwise than as a candidate set up by any political party and would incur the disqualification if he joins any political party after such election. a nominated member of a house would incur his disqualification under sub para (3) if he joins any political party after the expiry of six months from the .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-25-1992
Reported in : ILR1992KAR3148
..... election is regulated by the representation of the people act, 1951, different stages of the process being dealt with by different provisions of the act. there can be no election to parliament or the state legislature except as provided by the representation of the people act, 1951 and again, no such election may be questioned except in the manner provided by the representation of the people act. so the representation of people act has been ..... is the highest law and the aspirations of every member of the society must yield to that of the community: to a fuller discussion on this aspect i invite attention to 'brooms legal maxims' chapter i page 1. the underlying principle of the maxim is explained thus:'this phrase is based on the implied agreement of every member of society that his own ..... court to strike out his and the names of two other persons who were impleaded in the election petition as none of them were themselves candidates at the election in dispute. the high court having turned down that application they appealed to the supreme court. in the course of ..... nomination and are governed by ex-army personnel and that even into such institutions the government has thought fit to infuse the democratic spirit by encouraging governance through local-self-government, elaborating the point further, learned counsel submitted that if it be the intention of government to invigorate even such authoritarian entities with a whiff of democratic aura provided by representation of people .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-1992
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... exercise are not the same. a candidate may secure a ticket on caste considerations but if he or his agent or any person with his consent or his agent's consent appeals to vote or refrain from voting on ground of religion, race or caste then he is guilty of corrupt practice under section123(3) of the representation of people act and his election is liable ..... . no. 402/1981, (2) orders of high court of madras in w.p. nos. 3069, 3292 and 3436/79 dated 20th august 1979 and (3) paragraph 1.01 of chapter i of the report of the tamil nadu second backward classes commission (popularly known as ambasankar commission).356. we have referred to the above facts for the purpose of showing that the ..... old communal g.o. came into being. the state on being aggrieved by the judgment of the madras high court preferred an appeal before this court in state of madras v. smt. champakam dorairajan : [1951]2scr525 . a seven-judges bench dismissed the appeal holding that 'the communal g.o. being inconsistent with the provisions of article 29(2) in part iii of the constitution is void under article ..... decisions cannot be of any help. our constitution does not approve of proportional representation either in services or even in parliament as is illustrated by article 331 of the constitution which empowers the president to nominate not more than two members of the anglo-indian community to the house of people, irrespective of their population, if they are not adequately represented. same is the theme of dr .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-20-1992
Reported in : (1992)1GLR503
..... precedent as contemplated by section 7a(1) as indicated by us earlier. in this connection, we may usefully refer to two decisions of the supreme court. in the case of narendra v. manikrao : [1978]1scr193 , the supreme court speaking through krishna iyer, j., had an occasion to consider the constitutional philosophy underlying the representation of peoples act and need to have regular elections ..... procedure as to how electoral rolls are prepared and for appeals and for revision of list for supplementary election rolls, the rule deals with election of councillors. as per rule 7(1), the nomination of candidates for general ward elections of councillors shall be fixed by the commissioner to take place on such days in the three months immediately preceding the date on which the term of office of the councillors ..... the term of these councillors elected in last general elections, new body will be available for taking over from the old councillors. that is why the time schedule projected by chapter i of the rules enjoins the commissioner to start process for preparing electoral rolls at least eight months prior to the expiry of term of existing councillors. it is obvious that ..... that the meaning to be attached to the word 'deemed' must depend upon the context in which it is used and cited the observations made in st. aubyn v. attorney general 1951 (2) all er 473, (at p. 498) as under:'the word 'deemed' is used a great deal in modern legislation. sometimes it is used to impose for the .....
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