Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Year: 1994 Page 1 of about 11 results (0.097 seconds)

Khumano Bai Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ67

..... final resolution of the dispute, if any, concerning the 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 the people act has been held to be a complete and self-contained code ..... nomination of a candidate for election or co-option and ending with the declaration of result of such election or co-option, as the case may be;'the word co-option is also included in the term 'election'.14. elections are conducted under the madhya pradesh panchayat election rules, 1994 (hereinafter referred to as 'rules of 1994'). there is an elaborate procedure provided for conducting the elections. these are contained in chapters vi to x of the rules of 1994. chapter vi deals with conduct of elections, chapter vii deals with the candidates and their agents, chapter ..... . dealing with this aspect it was said :'.......broadly speaking, before an election machinery can be brought into operation, there are three requisites which require to be attended to, namely, (1) there should be a set of laws and rules making provisions with respect to all matters relating to, or in connection with, elections, and it should be decided as to how these laws .....

Raj Kumar Shukla Vs. Xth Additional District Judge, Lucknow and Others

Court : Allahabad

Reported in : AIR1995All403

ORDER1. By means of this petition the petitioner seeks quashing of order dated 14-12-1993 passed by the 10th Addl. District Judge, Lucknow, opposite party No. 1, contained in Annexure 3 to the writ petition, and further for quashing the proceedings of Election Petition No. I of 1992 (Mohammad Khalid Qurreshi v. Raj Kumar Shukla and others).2. According to the petitioner the election of Members of Cantonment Board, Lucknow were held in 1991-92. The election schedule was as under:--Date of nomination 30-12-1991.Date of scrutiny 2-1-1992.Date of withdrawal of 3-1-1992.nomination.Date of polling 2-2-1992.Date of declaration of 3-2-1992.results.The petitioner and opposite parties 2 to 8, besides Sri Virendra Kumar Shukla and Sri D.P. Gupta, filed their nomination papers for election of the Cantonment Board for Ward No. 4. The nomination paper of Sri D. P. Gupta was rejected in the scrutiny and the nonination papers of others were found to be in order. Sri Virendra Kumar Shukla later on with...

Vijay Baburao Kamble Vs. Madhukar Sarpotdar and ors.

Court : Mumbai

Reported in : 1995(2)BomCR53; (1995)97BOMLR867

..... . this petition is being disposed of on an application submitted by and on behalf of the 1st respondent under section 86(1) of the representation of the people act, 1951, (hereinafter for the sake of brevity referred to as 'the said act') for non-joinder of the necessary party, namely subhash martand parkar, one of the duly nominated candidates for the constituency in question and who was later on appointed as election agent, after he withdrew his nomination, by returned candidate, - the 1st respondent herein, and who acted as an election agent for the 1st respondent, as mandated by the provisions of section 82(2) of the said act.2. this petition is filed in the year 1990. recording of the evidence is over. the application in terms aforesaid is moved ..... be necessary to notice the legal position on this aspect, namely filing of the nominations by the candidates. the same is contained in part v chapter 1 of the said act. section 30 provides for issuance of notification in the official gazette providing dates for i) filing of the nomination papers, ii) scrutiny, iii) withdrawal of the nomination, iv) for polling and v) for declaration of result, etc. section 32 provides qualification for submitting the nomination, section 33 provides presentation of the nomination before the returning officer and requirements for valid nomination, section 34 provides for deposit to be made by a candidate submitting his nomination, section 35 mandates as under :'35. notice .....

Dr. (Smt.) Shipra Vs. Shri Shanti Lal

Court : Rajasthan

Reported in : AIR1995Raj50

..... representation of the people act, 1951 (for short, 'the act') was issued by the election commission calling upon the various constituencies to elect members for the rajasthan legislative assembly including the rajsamand assembly constituency no. 1, which was reserved for scheduled caste. as per the programme, issued by the election commission under section 30 of the act, october 19, 1993 was the last date fixed for filing the nomination. 20th october, 1993 was the date for scrutiny of the nominations, 22nd october, 1993 was the last date for withdrawal of the nomination ..... of the scheduled caste and, secondly, that she has not filed the necessary declaration under section 33(2) of the act specifying the particular caste to which she belongs. the nominations of other fourteen candidates were found in order and they were accepted by the returning officer. after the scrutiny, seven of the candidates, whose nominations were found in order, withdrew from the contest and the election, which took place on 11-11-93, was contested by ..... petition and section 84 deals with the relief that may be claimed by the petitioner. chapter iii of part vi deals with the trial of election petition. according to section 82 of the act, if an election of a returned candidate is called in question without any relief that he himself or other candidate should be declared as duly elected candidate, it is only the elected candidate who is a necessary party, but in a case where the declaration has been made tha .....

Rajinder Zar Vs. Manjit Singh Dogra and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP145

..... , 1993 and the result was declared on 28th november, 1993. respondent no. 1, shri manjit singh dogra, was the elected candidate, while, respondent no. 2, shri ram rattan sharma, was another defeated candidate. the said election has been challenged through the present election petition preferred under section 81 of the representation of the people act, 1951 (hereinafter to be called as 'the act') on various grounds. it has been prayed that the election of respondent no. 1 to the h. p. assembly from 28-nadaunta constituency on account of corrupt ..... m.p. have been filed, duly attested, by the petitioner. the election petition be now registered. the factum of its being time-barred be brought to the notice of the hon'ble court by the bench reader. the file be put up for obtaining orders regarding nomination of an hon'ble judge to try this case.'6. thus the objection raised by the registrar pertaining to the limitation, as referred to above, has to be decided by this court. in so far as the petition being without limitation by one day is concerned, the fact is not being ..... at 10 a.m. sharp. it has also been pleaded that the registry has raised objection on the point of limitation and a reference to election petition rules as framed by the high court of punjab and contained in volume-v, chapter-4-gg, has been made on the basis of which the election petition was required to be filed during the office hours only.10. through the present e.m.p., it has been prayed that the rules of the .....

Ram Partap Chandel Vs. Chaudhary Lajja Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP58

..... candidates at the election. if such is the design of the statute, how can the notion of 'proper parties' enter the picture at all? we think that the concept of 'proper parties' is and must remain alien to an election dispute under the representation of the people act, 1951. only those may be joined as respondents to an election petition who are mentioned in section 82 and section 86(4) and no others. however, desirable and expedient it may appear to be, none else shall be joined as respondents.'before i ..... ease the contents of the said pamphlets are scrutinised critically, they do amount to create a blot on the personal character of the petitioner. it is in this sense that the publication and distribution of the pamphlets in question are to be construed for the purposes as to whether the validly nominated candidates, namely, s/sh. harbhajan singh, amar nath kaushal and ram asra are or are not necessary parties. the above said allegations contained in the above said two paras of the petition, do tantamount to an allegation of corrupt practices ..... court in sethi roop lal v. malti thapar (mrs) (1994) 2 scc 579 as under:'10. the fasciculus of sections appearing in chapter iii of part vi of the act lays down the procedure for trial of election petitions. sub-section (1) of section 87 thereof provides that subject to the provisions of this act and of any rules made thereunder, every election petition shall be tried by the high court, as nearly as may be, in accordance with the procedure .....

Chandan Kumar Sarkar Vs. Chief Election Commissioner, New Delhi and or ...

Court : Guwahati

..... 1) also empowers the election commission to act in contingencies not provided by any law that may be made under articles 327 and 328 and to pass necessary orders for the conduct of the election that is whether a required poll should be held or not in a particular polling station in exercise of the power to conduct of election read with provisions relating to the conduct of election rules,, 1961 made by the central government in consultation with the election commission under section 169 of the representation of people act, 1951 ..... reserved constituency for scheduled caste. the petitioner submitted his nomination paper as a candidate of indian national congress (i) before the returning officer, north salmara, abhayapuri sub-division. the nomination paper was scrutinised and the returning officer found it in order. during the scrutiny of the nomination paper no objection was raised by any of the candidate or their election agents against the nomination and the returning officer found the nomination paper valid and accepted the same thereby it was also accepted ..... e observed thus at page 890- 'what is the scope and ambit of article 324 of the constitution? the constitution of our country ushered in a demoratic republic for the free people of india. the founders of the constitution took solemn care to devote a special chapter to elections niched safely in part xv of the constitution. originally there were only six articles in this part opening with article 324. the penultimate article .....

Shri Ukai Pradesh Sahakari Khand Udhyog Mandali Ltd. and ors. Vs. Chhi ...

Court : Gujarat

Reported in : (1994)2GLR1151

..... opposite party against the petition filed by the election petitioner. it was inter alia contended that there was non-compliance with the requirement of section 81(3) of the representation of the people act, 1951 and on that count, the election petition was liable to be dismissed. without expressing final opinion as to whether the provisions were mandatory or directory, the court held that the election ..... view to delay the proceedings.(2) the tribunal may dismiss an election petition which does not comply with the provisions of rule 75.(3) any candidate not already a respondent shall, upon application made by him to the tribunal within fourteen days from the date of the commencement of the trial and subject to the provisions ..... a 'specified society' within the meaning of section 74c(1) read with section 145b(c) of the act. it is a co-operative sugar factory. election to such society is required to be held in accordance with the provisions of chapter xia of the act. chapter xia as inserted by gujarat act 6 of 1981 provides for election of committees and officers of ..... as many as 12 posts of directors to be elected from the producer members. election programme was declared by the collector, surat who is the competent authority under the act. after issuance of notification, the first respondent filled in his nomination form which came to be rejected holding that he was a 'defaulter' and, hence, was disqualified to contest the election. that action of the society was challenged by the .....

Pradhan Sangh Kshetra Samiti, Jabalpur, District Jaunpur and Others Vs ...

Court : Allahabad

Reported in : AIR1995All162

..... a wide and a narrow meaning. in the narrow sense it is used to mean the final selection of a candidate, which may embarrass the result of the poll, when there is polling, or a particular, candidate being returned unopposed when there is no poll. a dispute regarding an election has to be settled in accordance with the provisions contained in part iv of the representation of the people act, 1951. this is a dispute which questions the election of a candidate, which action is brought to vitiate an election, at the appropriate stage, in an appropriate manner, before a special ..... : [1952]1scr218 thesupreme court was of the view that it is only a rejection or acceptance of a nomination paper, which act is included in the term 'election' which cannot be the subject matter of a challenge under article 226 for the simple reason that the law does not contemplate alternate adjudiction on such matters connected with delections in two forums, one under the representation of the people act, 1951 and the other before a court under article 226. 142. then, in the matter of election ..... between the collector and the commissioner, if they had dismissed or dissolved any panchayat, there was not much one could do about it, except suffer the situation.6. the act, i.e. the u.p. panchayat rajact, 1947, as of now, under chapter viii under the head 'external control', also contains powers, given to the state government, to dissolve any gram panchayat or nyay panchayat, if in the opinion of the state .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

ORDERP.B. Sawant, J.1. On behalf of Kuldip Singh, J. and himself. Article 356 has a vital bearing on the democratic parliamentary form of government and the autonomy of the States under the federal Constitution that we have adopted. The interpretation of the Article has, therefore, once again engaged the attention of this Court in the background of the removal of the governments and the dissolution of the legislative assemblies in six States with which we are concerned here, on different occasions and in different situations by the exercise of power under the Article. The crucial question that falls for consideration in all these matters is whether the President has unfettered powers to issue Proclamation under Article 356(1) of the Constitution. The answer to this question depends upon the answers to the following questions: (a) Is the Proclamation amenable to judicial review? (b) If yes, what is the scope of the judicial review in this respect? and (c) What is the meaning of the expr...