Court : Supreme Court of India
Decided on : Oct-26-1999
Reported in : AIR2000SC317; JT1999(8)SC379; 1999(6)SCALE616; (2000)1SCC145; [1999]Supp4SCR76
..... ' from the authorised officer-bearer of the concerned political party, the nomination paper may be accepted if part ii is properly filled subscribed by ten electors as proposers, as there will be substantial compliance with the provisions of section 33 of the representation of the people act, 1951. (iv) if a candidate, who filled his nomination paper as candidate claiming to be set up by an un ..... been set up by that party for the purposes of the amended section 33 of the representation of the people act, 1951 and his nomination paper will be scrutinised by the returning officer having regard to the other provisions of that act.38. so are the instructions for the guidance of the returning officers contained in the handbook for returning officers, 1998 vide paragraphs 10.3(iii), 10.3(iv) and 10.3(vii) of chapter-vi as under :(iii) if a candidate has filed one nomination paper with both parts i and ii thereof filled and he fails to bring notice in forms 'a' and 'b .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-13-1999
Reported in : AIR1999SC2028; 1999(3)ALLMR(SC)339; JT1999(3)SC530; 1999(3)SCALE704; (1999)5SCC38; 1999(Supp)SCC38; [1999]3SCR547; 2000(1)LC396(SC)
..... objection by the petitioner to the election of the respondent no. 1 is that the returned candidate namely respondent no. 1 was enrolled as elector (voter) in assembly constituency no. 206 i.e. latur assembly constituency and assembly constituency no. 211 i.e. nilanga assembly constituency, and according to the petitioner, the appearance of name of the respondent no. 1 in two constituencies is disqualification under section 16 of the representation of the people act, 1950.11. the learned judge after noticing the provisions of sections 14 to 25 of the 1950 act and also noticing the provisions in chapters ii and iii of 1951 act held as follows:it is the case of the petitioner ..... to the tuensang district in the legislative assembly of nagaland unless he is a member of the regional council referred to in that article).section 32 - nomination of candidates for election:--any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the constitution and this act (or under the provisions of the government of union territories act, 1963 (20 of 1963), as the case may be.)section 33 - presentation of nomination paper and requirements for a valid nomination-.(5) where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-27-1999
Reported in : 2000(1)AWC61
..... on the part of the constitutional functionaries.'7. according to the learned counsel for the respondents under section 100 of the representation of people act, 1951 (hereinafter referred to as the act), the grounds have been indicated for declaring election to be void and precisely section 100(c) deals with any nomination which has been improperly rejected. it has been submitted that against the rejection of nomination it is not open for the incumbent to approach the high court under article 226 of the constitution and the only remedy ..... 4.30 p.m. on 3.2.1986. the returning officer then proceeded to publish the list of the candidates nominated as per rules 17 (2) of the rules with the symbols allotted to each of the three candidates whose nomination papers had been found to be valid. immediately after publication of the said list of nominated candidates the president of the tamil nadu congress (1) committee who was alleged to have signed both the letters given to the returning officer representing that the appellant and the respondent ..... means that whenever we have to ascertain the true position in regard to any matter connected with elections, we have only to look at the act and the rules made thereunder. the provisions of the act which are material to the present discussion are sections 80, 100, 105 and 170, and the provisions of chapter ii of part iv dealing with the form of election petitions, their contents and the reliefs which may be sought in them. section 80, which is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-09-1999
Reported in : AIR1999SC935; JT1999(1)SC351; 1999(1)SCALE349; (1999)2SCC489; [1999]1SCR470; 1999(1)LC771(SC)
..... to withdraw candidature before the last date of withdrawal. he also argued that the party has a right to cancel or substitute an authorisation in favour of any candidate before the last date of withdrawal. however i am unable to agree with this contention.the representation of people act, 1996 has been amended as per amended section 33 of the representation of people act 1951, the nomination of the candidate to a state legislative assembly to be subscribed by:(i) one elector of the constituency if the candidate has been set up either by a recognised national party or by a recognised party in the state or in the states in which it is recognised as a state party ..... one candidates and had not decided before scrutiny of the nomination papers as to who was its official candidate by cancelling die authorisation of the other candidate, both the bjp candidates could be treated only as 'independent' candidates and not the candidates set up by a recognised political party and since neither of the candidates had been sponsored by ten proposers, their nomination papers were invalid.20. the election commission of india has issued instructions in exercise of its statutory functions. those instructions are contained in the hand book for returning officers. chapter vi of the handbook deals with scrutiny of nomination papers .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-26-1999
Reported in : AIR1999SC1723; 1999(3)ALLMR(SC)643; JT1999(3)SC242; 1999(3)SCALE12; (1999)4SCC526; [1999]2SCR857; 1999(2)LC1064(SC)
..... is made when the election is held to fill a casual vacancy. it is now settled law that the right to vote, the right to stand as a candidate for election and the entire procedure in relation thereto are created and determined by statute. accordingly, when section 66 of the representation of the people act, 1951 provides that the result of the election shall be declared in the manner provided by the act or the rules made thereunder. the declaration can be effected in that manner only. the manner is clearly expressed in rule 64 of the conduct ..... said that on the view that articles 190(3) and 192(1) deal with disqualification incurred after election as a member, there would be no way of unseating a member who became subject to a disqualification after his nomination and before his election, for such a disqualification is no ground for challenging the election by an election petition under article 329 of the constitution read with section 100 of the representation of the people act, 1951. if this is an anomaly, it arises out of a lacuna ..... recorded, remove any disqualification under this chapter except under section 8a.9. part vi of the act provides for disputes regarding election. under clause (d) of section 79 falling under this part 'electoral right' means the right of a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate, or to vote or refrain from voting at an election.10. under section 80 of the act no election shall be called in question .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-26-1999
Reported in : AIR2000Kant78; 1999(5)KarLJ467
..... representation of people act, 1951 claiming reliefs as mentioned above.3. the petitioner in the election petition has asserted that the first respondent i.e., the elected candidate has been employed as physical education teacher in lemington high school at hubli, which is run by the hubli-dharwad municipal corporation. the petitioner's case is that lemington high school referred to above has been a grant-in-aid school. according to the petitioner on the date of nomination as well as on the date of scrutiny of the nomination ..... local authority or private body of persons stand on different footing. this also appears from the perusal of the scheme under chapter v of the act.22. under chapter v of the karnataka education act, 1983 provisions have been made for classification and registration of educational institutions. section 29 of the education act provides for classification of educational institutions as state institutions, local authority institutions and private educational institutions. it will be appropriate to quote ..... director did not render the 1st respondent to be employed as the officer holding office of profit under the state government. respondent 1 altogether remained an officer under the local authority or local body i.e., hubli-dharwad municipal corporation. even under the provisions of chapter ix of the karnataka municipal corporations act, there are provisions running from sections 94 to 100, which indicate that government has power to call for records and to cause .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-22-1999
Reported in : AIR1999SC2044; JT1999(2)SC347; 1999(2)KLT18(SC); 1999(2)SCALE222; (1999)3SCC737; [1999]2SCR99; 1999(1)LC621(SC)
..... 9 of the election petition wherein it was stated :the result of election, in so far as it concerns the returned candidate, the 1st respondent in this case, has been materially affected by (i) corrupt practice committed in the interest of the returned candidates by his agents, election agent and the returned candidate (ii) by the improper reception of votes which is void and (iii) by the non-compliance with the provision of the constitution and the provisions of the representation of people act, 1951 as also rules and orders made under the act.17. it was, therefore, wrongly, found that in the absence of specific pleading and full particulars of corrupt practices, the election ..... section 30, the returning officer is under statutory duty to give public notice of the intended election in such form and manner as may be prescribed notifying nominations of candidates for such election and specify the place, and date where nominations papers are to be delivered. scrutiny of nominations is conducted under section 36 and list of contesting candidates is issued under section 38 of the act. procedure at election is provided under chapter iii and chapter iv deals with, the poll. section 64 provides that at every election where a poll is taken, vote shall be counted, by or under the supervision and direction .....
Tag this Judgment!Court : Orissa
Decided on : Jun-21-1999
Reported in : 1999(II)OLR78
R.K. Patra, J.1. By this election petition, the petitioner calls in question the election of the returned candidate-respondent No. 1 from 130-Jharsuguda Assembly Constituency.2. The case of the petitioner is that the Election Commission of India in December, 1994 announced the programme for holding general election (11th) to constitute a new Legislative Assembly for the State of Orissa. Accordingly he (petitioner) and respondents 1 to 6 filed their respective nominations for contesting the election from the 130-Jharsuguda Assembly Constituency. Their nominations were found valid and accordingly all their names were included in the list of validly nominated candidates. The petitioner was the nominee of Janata Dal. His party symbol was 'Wheel' (Chakra). Respondent No. 1 was the nominee of Indian National Congress (Congress I) having party symbol 'Hand'. Respondent No. 2 was the nominee of Bharatiya Janata Party whose symbol was 'Lotus'. Respondent No. 3 was an independent candidate whose...
Tag this Judgment!Court : Mumbai
Decided on : Sep-06-1999
Reported in : 2000(2)ALLMR146; 2000(4)BomCR103; (2001)4BOMLR516a; 2000(2)MhLj249
..... materia to rule 73(2)(d) of the conduct of election rules, 1961 framed under the representation of people act (43 of 1951). in the course of arguments, the learned counsel for the petitioner as well as the respondents have extensively relied upon the two cases of the apex court, i.e. the case of dr. anup singh, : [1965]1scr38 and the case of km. shradha devi ..... value for purposes of identification and therefore in the case of marks the returning officer or the tribunal or the court may require evidence to show that there was arrangement between the elector and the candidate to put a certain mark on the ballot paper which would lead to his identification. but in the case of a writing the mere presence of the writing in certain circumstances would ..... electoral college, who are entitled to elect one member to the managing committee of the society . the petitioner as well as the respondent no. 1 filed their nomination papers from this constituency for contesting the elections. their nomination papers were accepted. in the elections held, all the 13 voters had cast their votes by participating in the process of ..... hereinafter referred to as 'the society'), is a duly specified society registered under the societies act, 1960 and its jurisdiction extends to akola district. elections to elect the managing committee of the society had to be taken as provided under chapter xi of the societies act and as per the provisions of the maharashtra specified co-operative societies elections to committee .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-27-1999
Reported in : AIR2000Bom223; 2000(2)ALLMR155; 2000(1)MhLj264
..... high court are relied upon by the respondents to show that there must be clear, unequivocal, evidence to prove that undue influence was brought on the voters. but, all those rulings are with respect to the provisions under the representation of the people act, 1951, where causing undue influence happens to be as per the provisions of section 173 of the indian penal code; and a criminal offence, and, therefore, it is rightly held in every case that undue influence or corrupt practice must be proved strictly ..... petitioners have contended that the corporation has framed rules with respect to proceedings of the meetings of the corporation. those are the conduct of business rules, in addition to the rules provided under chapter ii of the schedule of the bombay provincial municipal corporations act, 1949 (hereinafter referred to as 'the act'). rule 45 makes a provision regarding how the voting by secret ballot be carried out. by giving assistance to the voter at the time of casting of the votes, the provisions of rule 45 were violated ..... more than one candidate validly nominated of themselves for appointment at the meeting at which the appointment is to be made, the election shall be made by ballot in the manner prescribed by rule 45.' this rule has provided for election of mayor; and rule 58 provides that the rules, which are applicable for the election of mayor, are applicable mutatis mutandis to the election of deputy mayor.51. rule 45 provides for voting by ballot paper, i.e. secret voting. .....
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