Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Year: 1993 Page 1 of about 9 results (0.082 seconds)

Shiromani Akali Dal Vs. Election Commission of India Through Its Secre ...

Court : Punjab and Haryana

Reported in : AIR1994P& H77

..... petitioners-political parties to boycott the elections subsequently announced. in order to appreciate the legal arguments arising from such submissions it is necessary to refer to the provisions of the constitution, the representation of the people act, 1951, and the symbol order of 1968. the election commission is constitutional entity. chapter xv of the constitution specifically deals with the subject of elections. under art. 324, superintendence, direction and control of the preparation of the electoral rolls and the conduct of all elections to parliament ..... political party under s. 29a of the representation of the people act, 1951. para3 provides for additional particulars to be submitted with an application for registeration as apolitical party to the commission. para 5 provides for classification of symbol i.e. either reserved or free. sub-para (2) of para 5 provides for reserved symbol for recognised political party for exclusive allotment to contesting candidates set up by that party. a free ..... dates for nominations etc. which sets the election process in motion. ultimately with the notification of declaration of result the election process is completed as required under s. 67 of the act. an election can be challenged on the grounds given and in the manner prescribed under chapter iii of part vi of the constitution and in no other way. when election is announced under the provisions of the act as aforesaid that the process of allotment of symbols to the candidates eligible .....

Shri Luvezo Venuh Vs. State of Nagaland and ors.

Court : Guwahati

..... polling station one ballot box for each candidate. the symbol assigned to a candidate shall be fixed to the ballot box for the candidate. the ballot box of each candidate shall also be clearly marked with his name. rule 42 of the rules deals with the declaration of election result. rule 45 deals with the election petition. this goes to show that chapter-iii of the rules was drafted as nearly as possible in the language used in the representation of people act, 1951 with regard to the election. therefore, it ..... members have no right to remove the chairman by a vote of no-confidence merely because there is no provision for it. once it has been held that the composition of members of the institution is through election or nominated by following a democratic process, the inherent rights of the members to remove the chairman by resorting to democratic right is its necessary concomitant.17. it is true that under sub-section (3) of section 3 of the regulation, a discretionary ..... in the assam gazette dated 15th august, 1950. the preamble of the regulation reads as under:-- 'whereas, it is expedient to provide for the establishment of town committees in the tribal areas of assam;and whereas under clause (b) of sub-paragraph (1) of paragraph 19 of the sixth schedule to the constitution of india, hereinafter referred to as 'the constitution', the governor is empowered to make regulations for the peace and good government of any area in his state which is for the time being a tribal area;now .....

S. Baldev Singh Mann Vs. S. Gurcharan Singh and Others

Court : Punjab and Haryana

Reported in : AIR1994P& H66; (1994)106PLR325

..... elected are contained in sections 100 and 101 of the act respectively. one of the grounds for declaring the election of a returned candidate as void is that any corrupt practice has been committed by the returned candidate or his election agent or by any other person with the consent of the returned candidate or his election agent. section 123 mentions the corrupt pratices. the representation of the people act, 1950 and the representation of the people act, 1951 were amended by act no. 1 of 1989 called the representation of the people (amendment) act, 1988. section 123 of the act was amended and after clause (7) andbefore the explanation ..... claims to have hired vehicle no. dil-344 has shown an expenditure of rs. 7,700/- @ rs. 550/- per day. in fact, this vehicle was engaged by him from the date of nomination i.e. 31-1-92 to the day of counting i.e. 20-2-92. there he has not included an amount of rs. 3,750/- for 7 days paid as hire charges. in addition he has not included the expenditure ..... march 18, 1992, by the returned candidate.9. on the pleadings of the parties, thefollowing issues were framed on october 15, 1992:--'(1) whether the election of respondent no. 1 is liable to be declared void on the grounds pleaded in the petition? opp (2) whether the petition is liable to be rejected for non-compliance of the provisions of rule 12(f), chapter 4-gg of the high court rules and orders, vol. v and section 81(3) of the representation of people act? opr (3) whether the petition does .....

Sri Kotla Vijayabhaskara Reddy and ors. Vs. Smt. Renuka Choudary

Court : Andhra Pradesh

Reported in : 1993(3)ALT568

..... the application expired long back.(2) the petitioner was called upon to state as to how respondents 9 to 28 are proper and necessary parties to the election petition as they are not candidates.(3) annexures said to have been filed along with the election petition ..... . polling date was fixed as 3-4-1993. the election petitioner as well as respondents 1 to 8 filed nominations and contested, seeking election from the said panyam constituency. the first respondent was declared as duly elected to the legislative assembly on 5-4-1993. the election petitioner filed the election petition for the reliefs mentioned above under the provisions of the representation of the people act, 1951, for short 'the act'.3. when the election petition was presented in the registry, it raised the following objections, among others:-(1) that the election petitioner should explain as to how the petition is in time as the last date for filing .....

R.C. Poudyal and ors. Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891

..... the legislative assembly of the state of sikkim which may be filled by candidates belong to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the legislative assembly of the state of sikkim.23. the election laws (extension to sikkim) act, 1976 sought to extend, with certain special provisions, the representation of the people act, 1950 and the representation of the people act, 1951 to sikkim.24. section 25a of the said act provides:25-a. conditions of registration as elector in sangha constituency in sikkim ..... the voters divided in 4 territorial constituencies. only after a few months a second proclamation followed on march 23, 1953, adding seats for 6 more members with one of them as president of the council to be nominated by the maharaja, i.e., chogyal. thus the total number rose to 18. maharaja, however, reserved his right to veto any decision by the council and to substitute it by his own. another proclamation which was issued in 1957 ..... 'no terms and conditions could be imposed which are inconsistent with the provisions of the constitution, e.g., nothing could be done to prevent the judicature chapter of the constitution from applying to the new state' (r.d. lumb: the constitution of the commonwealth of australia (1986) 4th ed. p. 736).171. i am, therefore, of the view that while admitting a new state in the union, parliament, while making a law under article 2, cannot provide .....

i.K. Gujral Vs. Election Commission of India and ors.

Court : Delhi

Reported in : 50(1993)DLT458

..... exercise of the powers conferred by article 324 of the constitution of india, sections 58,58a, 135a and 153 of the representation of peoples act, 1951,and all other powers enabling it in this behalf, hereby countermand the aforesaid election.the election commission also directs that a copy of this order shall be forwarded to the returning officer, the chief electoral officer, all the contesting candidates, and all others concerned.the commission also directs that a copy of this order shall be forwarded to ..... arises, can extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or sub-section (1) of section 39. furthermore, according to him. chapter iv deals with the matter relating to 'the poll'. this chapter provides for fixing time for poll, adjournment of poll in emergencies fresh poll in the case of destruction etc. of ballot boxes and adjournment ofpoll or countermanding of election on the ..... with the scope, amplitude, rational and limitation of article 329(b)of the constitution. the ratio of that case has consistently been followed in various subsequent decisions of the supreme court and still holds thefiled. in that case the rejection of the nomination paper of the petitioner was challenged in a writ petition praying for a writ of certiorari to quash such an order. the high court had dismissed the petition on the ground that there is no jurisdiction to interfere with the order by reason of article329 .....

Baldev Singh Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1994P& H47

..... 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 the people act has been held to be a complete and self-contained code within which must be found any right claimed in relation to an election or an election dispute'. it was followed in rama kant pandey v. union of india, 1993(1 ..... into force with effect from september 21, 1960. the provisions with regard to the election-to the gram sabha are contained in chapter ii-a of the act. a detailed procedure has been laid down. initially, the prescribed authority for deciding the election petition was the ilaqa magistrate, which was ..... provides for the demarcation of the constituency, the eligibility of the candidates, the holding of elections and the settlement of disputes relating to the elections. consequently, we are of the opinion that any dispute relating to an election to any office in the panchayat has to be decided in strict conformity with the provisions of the panchayat act and the rules. the act provides for the remedy of an election petition to the prescribed ..... many years. in accordance with the provisions of the act he is not entitled to remain panch or sarpanch in the village as occupation of the gram panchayat land disentitled a person from being a member of the panchayat. according to the petitioner, he had objected to the acceptance of the nomination papers of respondent no. 3 by making a written .....

Narendrasingh Bhati Vs. RamnaraIn Bishnoi

Court : Rajasthan

Reported in : AIR1993Raj130; 1993(2)WLC98

..... , one cannot travel outside the provisions contained in that chapter. this is what their lordships of the supreme court have observed in para 10 of their decision in sheodan singh v. mohanlal, air 1969 sc 1024. whether a particular person will be entitled to claim pension or not on the basis of the period during which he has served in the assembly and whether anybody can be sued for torts are the questions which are beyond the scope of section 100 of the representation of the people act, 1951. if respondent no. 1 is not entitled to pension, that is a matter to be decided by appropriate ..... not proper exercise of authority for the court to engage itself in deciding it.where an appeal, in an election petition case in which the election of the successful candidate to the orissa legislative assembly was challenged under section 9a of the act on the ground that the elected candidate was disqualified to be a candidate on the date of nomination was pending and during its pendency the assembly was dissolved, it was held that due to the dissolution, it became wholly academic to consider whether the elected candidate was disqualified on the date of nomination. the decision would not have any effect on any of the parties and hence, it was futile to proceed with the appeal and decide .....

Kishore Chandra Patel and Etc. Etc. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1993Ori259; 76(1993)CLT720

Hansaria, C.J.1. Ours is a parliamentary democracy. Elections are held in normal course every five years to elect people's representatives to sit either in the Parliament or in the State Legislatures. Various political parties bring out their election manifestos and approach people seeking their support on the basis of promises held out in the manifestos. In the last Parliament election which took place in this State in 1989 as well as the assembly elections which were held in 1990, the people of Orissa were promised by the present Chief Minister, in the background of rampant corruption by persons holding high political and public offices in the State, to take all steps to confiscate the ill-gotten money made by such persons by corrupt means and to utilise such property for the welfare of the State. To fulfil this promise, the Chief Minister, who was also in charge of Home Department and who belongs to the Janata Dal, sent a Bill named 'Orissa Special Courts Bill' to the State Assembly...