Court : Gujarat
Decided on : Jan-09-1996
Reported in : AIR1996Guj179; (1996)1GLR586
..... . ponnuswamy v. returning officer, namakkal constituency, reported in air 1952 sc 64, held that the said decision was with reference to the provisions of the representation of the people act, 1951 and article 329(b) of the constitution of india. it was noticed that section 100 of the act of 1951 expressly enables an aggrieved candidate to make in his election petition filed after the election has been held the improper rejection of a nomination paper or the improper acceptance of nomination paper a ground for challenging the validity of the election. the court held that it is this scheme of election disputes which had led the supreme court ..... . if the legislature intended to prohibit entertainment of election dispute in the case of primary co-operative societies before declaration of the result of election, the applicability of chapter xia would not have been restricted to specified/ apex societies. thus, section 96(1) is the only provision which confers jurisdiction upon the registrar to entertain a dispute touching the election dispute in the case of primary society relating to rejection or acceptance of nomination paper even before the declaration of the result. thus, in my view in the case of primary society, the jurisdiction of the board of nominee is not excluded .....
Tag this Judgment!Court : Delhi
Decided on : Sep-13-1996
Reported in : 64(1996)DLT56
..... ) this election petition has been preferred by the petitioner under section 80 of the representation of the people act, 1951 (hereinafter referred to as the act) challenging the election of respondent no. i to the house of the people from the sadar lok sabha constituency on various grounds including that of the allegations of corrupt practice. (2) before i advert to the issue arising for my consideration in the present petition in respect of which submission has been made by the learned counsel ..... for the purpose of electing a member to the house of people from the sadar lok sabha constituency. (4) the petitioner was an official candidate of janata dal (r) and he filed his nomination papers for contesting the election from the sadar lok sabha constituency. the respondent no. i was a candidate from the same constituency and contested the election as an official candidate of bhartiya janata party. respondent no. 18 also contested the election as an official candidate of the indian national congress. the polling for ..... procedure for presentation of an election petition to high court is laid down in chapter ii of the act. the relevant provisions of the said act having a bearing on the present petition are extracted below : '80. election petitions.-no election shall be called in question except by an election petition presented in accordance with the provisions of this part. 81. presentation of petitions.-(1) *** *** *** (3) every election petition shall be accompanied by as many .....
Tag this Judgment!Court : Orissa
Decided on : Jun-28-1996
Reported in : AIR1997Ori60
..... , learned counsel for respondent no. 1, is present.4. the question that arises for consideration is whether an election petition can be dismissed for default of appearance of the petitioner. a 'look' at different provisions of the representation of the people act, 1951 (hereinafter referred to as 'the act') would show that it is a complete and self-contained code. dispute regarding elections have been dealt with in part vi of the act. on what ground an election petition may be presented and who can present it are mentioned in section 81 of the act. section 82 provides as to who are to be joined as respondents to the petition. chapter iii of part iv deals ..... .2. general election to the orissa legislative assembly took place in the month of march, 1995. polling for the constituency in question took place on 9-3-1995. the petitioner contested the ejection as congress candidate with the symbol 'hand'. respondent no. 1 was a candidate of the janata dal with the symbol 'chakra'. respondents 2 to 9 filed their nominations as candidates from different political parties and/or as independent candidates. counting of votes took place on 11-3-1995. the petitioner secured 41,932 valid votes in his favour whereas respondent no .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-04-1996
Reported in : 1997(1)MPLJ152
ORDERN.K. Jain, J. 1. This revision petition filed under section 441-F(2) of the Municipal Corporation Act, 1956 (for short, 'the Act'), is directed against the order dated 29-2-1996 passed by the Additional Judge to the Court of District Judge, Dewas in M. C. C. No. 4/95 declaring the election of the petitioner as Councillor to the Municipal Corporation, Dewas, as void.2. Amongst others the petitioner as also the respondent contested election for the Office of the Councillor of the Municipal Corporation, Dewas from ward No. 5. The petitioner was declared elected on 5-12-1994. The respondent filed election petition against the petitioner under section 441 of the Act challenging latter's election on the ground, one : that she committed corrupt practices, and; two : that she was not qualified to contest the election inasmuch as her name appeared simultaneously as a voter in two wards i.e., Nos. 5 and 7. Court below after taking evidence of the parties and on evaluation thereof negatived ...
Tag this Judgment!Court : Orissa
Decided on : Jul-01-1996
Reported in : 84(1997)CLT114
..... c.'). 6. the representation of the people act, 1951 (hereinafter referred to as 'the act') is a complete and self-contained code. part vi of the act deals with disputes regarding election. chapters ii and iii of part vi deal with presentation of election petitions and trial thereof. section 81 prescribes as to who may present an election petition. section 83 which deals with 'contents of petition' reads as follows: '83. contents of petition--(1) an election petition- (a) ..... pleaded is that the author of the corrupt practice by the time of the alleged commission of the corrupt practice must have been a candidate. the election was notified on 10-1-1995 and the respondent no. 1 filed his nomination on 16-1-1995. there is no pleading that by the time of the alleged commission of corrupt practice the respondent no. 1 had either declared himself to be a candidate by the above datenor there was any assertion that he was declared by the janata dal to be its nominee for the constituency in the ..... pleaded is that the author of the corrupt practice by the time of the alleged commission of the corrupt practice must have been a candidate. the election was notified on 10-1-1995, and the respondent no. 1 filed his nomination on 16-1-1995. there is no pleading that by the time of the alleged commission of corrupt practicethe respondent no. 1 had either declared himself to be a candidate by the above date nor there was any assertion that he was declared by the janata dal to be its nominee for the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-19-1996
Reported in : (1997)1UPLBEC594
..... october and 7th october, 1996 and the results were declared by 10th october, 1996. these results were notified by the election commission under section 73 of the representation of peoples act, 1951 on 17-10-1996.6. the result of the election, as stated in paragraph 20 to the main counter affidavit of the state government (filed by the principal secretary to the governor) was as follows :-(i) b. j. p,-samta party alliance ...........176 seats(ii) s. p.-united front ...........134 '(iii) b. s. p-congress ..... 19.96 and has further commanded to invite the largest single party within 3 days to form democratic government in uttar pradesh. the divsion bench therefore, referred the matter to hon'ble chief justice to nominate a larger bench or an hon'ble iii judge under chapter viii rules 3 and 7 of the rules of the court to hear and decide the matter.6. in this regard it is relevant to mention that in sri ram industries enterpries ltd. v. union of india, 1996 ..... think that it is their wisdom to cross the floor because if they do so they will be harming credibility of such high positions which they hold by virtue of confidence reposed by the electorate.95. therefore, the oath subscribed by a candidate for election to the legislative assembly of the state, where he solemnly affirms before the returning officer according to schedule iii of the constitution is also of significant meaning.96. it is next contended by the learned counsel appearing for the petitioner that on the basis of convention, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-22-1996
Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785
ORDER1. This appeal on reference to this Bench raises an interesting question of law. The respondent while working as Major General, Army Ordnance Corps., Southern Command, Pune between December, 1, 1982 and July 7, 1985 was in-charge of purchase. The Controller General of Defence Accounts in special audit on the local purchases sanctioned by the respondent prima facie found that respondent had deselected his duty and action under the Act was initiated against him. At that time, the respondent was attached to College of Military Engineering, Pune and was promoted as Major General. After initiation of the proceedings he was ordered to retire which he had challenged by filing Writ Petition No. 3189 of 1986 in the Bombay High Court which stood dismissed on August 29, 1986.2. On August 30, 1986, action was initiated against the respondent under Section 123 of the Army Act, 1950 (for short, the 'Act'). He was kept under open arrest from that date onwards and retired from service on August 3...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-12-1996
Reported in : AIR1997P& H164; (1997)115PLR687
..... 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 ..... which is constituted by or under any law made by the stale legislature. in order to provide a forum for adjudication of election disputes, comprehensive provisions have been made in. chapter xii of '1994 act'. provisions of that chapter deal with the constitution of election tribunal, presentation of election petitions, contents thereof and the relief, trial of election petitions, the procedure to be followed by the election tribunal, the manner ..... act; or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by other person with the consent of a returned candidate or his election agent; or (c) that any nomination has been improperly rejected; or (d) that the result of the election, insofar as it concerns a returned candidate, has been materially affected:-- (i) by the improper acceptance of any nomination; or (ii) by any corrupt practice committed in the interest of the returned candidate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-06-1996
Reported in : AIR1996SC2314; JT1996(2)SC10; 1996(1)SCALE697; (1996)3SCC158; [1996]2SCR156
..... 1 to 3 in civil appeal no. 2886 of 1989 (petitioners in the election petition). special leave petition no. 12196 of 1989 is one filed by a person who was not a party in the high court. the petitioner therein was the returning officer pw 9. shri m.l. sarwan, who, aggrieved by certain observations made against him, has sought special leave to appeal against the judgment dated 2.6.1989. the election petition was one filed under section 80 to 84 and 100 of part vi. chapter ii of the representation of people act, 1951 ..... xx xx(b) that any corrupt practice has been committed by a returned candidate or his election agent or any other person with the consent of a returned candidate or his election agent; or(c) xx xx xx xx(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected - (i) by the improper acceptance of any nomination, or(ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent, or(iii) by the improper reception, refusal or rejection .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-18-1996
Reported in : 1996(5)BomCR451
..... 1-a) whether the petition is liable to be dismissed for non-compliance of provisions of sections 81 and 83 of the representation of peoples' act and the rules framed thereunder for not furnishing the true copy of the petition and affidavit accompanying in support of the petition.2) whether the petition is bad for non-joinder of necessary parties and as such liable to be dismissed?3) whether petitioner proves that the respondent does not belong to schedule tribe and as such was not eligible and qualified to file the nomination in the palghar constituency (no. 62) which is a reserved constituency for the candidates ..... contest the said election which exclusively remained reserved for the members belonging to schedule tribe and the rejection of the objection to her nomination by the returning officer was illegal. challenge is made needless to say as provided under section 100 of the representation of peoples act, 1951 (hereinafter referred to as the 'said act' for brevity sake). the petitioner has inter alia sought relief that the election of the respondent to the maharashtra legislative ..... petition, this court thought it appropriate to make this observation since the constitution has guaranteed various privileges to the schedule tribes including provisions for reserved constituency. (see chapter xvi of the constitution) with a view to provide them facilities and opportunities and a proper and eligible persons get benefit of the same at the same time eliminating unscrupulous persons .....
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