Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Year: 2000 Page 1 of about 15 results (0.231 seconds)

Ananga Udaya Singh Deo Vs. Ranga Nath Mishra and ors.

Court : Orissa

Reported in : AIR2001Ori24

..... 1 ranga nath mishra, and respondent no. 3 manmath nath das, as members of council of states (hereinafter referred to as 'rajya sabha') in the election held on 18th june, 1998.2. brief facts of the case are as follows :--the president of india issued a notification, which was published in the gazette of india on 30-5-1998, calling upon the members of the electoral college of some of the states to elect members to the rajya sabha in accordance with the provisions of the representation of the people act, 1951 (for short 'the act ..... the petition. he has also stated that the election petition is bad for non-joinder of necessary parties. he has denied the irregularity in publication of the validly nominated candidates, as alleged in the election petition. the allegation regarding presence of janaki ballav patnaik and ranga nath mishra (respondent no. 1) in the office of the chief minister inside the assembly premises to compel each and every member of the orissa legislative assembly for casting his vote as per the instruction ..... rajasthan state electricity board v. mohan lal (air 1967 sc 1857) (supra). it is submitted that the provisions of the constitution contained in chapter ii directly cut at the root the petitioner's contention that respondent no. 1 was disqualified under article 124(7). in the chapter dealing with parliament. article 84 provides for qualification for membership of parliament, which reads as under:--'84. qualification for membership of parliament.-- a person shall .....

Shyamdeo Pd. Singh Vs. Nawal Kishore Yadav

Court : Supreme Court of India

Reported in : AIR2000SC3000; 2000(3)BLJR2012; JT2000(9)SC486; 2000(6)SCALE135; [2000]Supp2SCR668; 2001(1)LC78(SC)

R.C. Lahoti, J.1. Pursuant to a Notification issued by the Governor of Bihar under Section 16 of the Representation of the People Act, 1951 (hereinafter the 1951 Act, for short), biennial elections to the Bihar Legislative Council from the Patna Teachers Constituency were held in April, 1996. There were four candidates in the fray including Nawal Kishore Yadav, the respondent, who defeated his nearest rival candidate Dr. P.N. Sharma by a margin of 870 votes. Polling was held on 28-4-1996 whereat the respondent secured 3414 votes as against 2544 votes secured by Dr. P.N, Sharma. The respondent was declared elected.2. On 24-4-1996 the appellant, an elector duly enrolled in the electoral list of the constituency filed an election petition under Section 80 of the 1951 Act calling in question the election of the respondent. The only ground alleged in support of prayer for avoiding the election of the respondent was the registration and enrolment of a large number of ineligible persons as el...

B.S. Yadiyurappa Vs. Mahalingappa and Others

Court : Karnataka

Reported in : AIR2001Kant61; ILR2000KAR4449; 2001(2)KarLJ577

..... . by this petition, the petitioner has sought a declaration to the effect that declaration of election of the respondent 1 vide annexure-a declaring respondent 1 as returned candidate from 167, shikaripura assembly constituency, as illegal, null and void as per section 100 (b) and (d)(ii) and (iv) of the representation of the people act, 1951 and for declaration that the petitioner is the returned candidate from the said constituency as per section 101(b) of the representation of the people act, 1951.2. the election to the eleventh karnataka legislative assembly from 167, shikaripura constituency and to the 13th ..... or must have been a candidate in the concerned election, who is a candidate in the election, no doubt, has been defined in section 79(b) of the representation of the people act. it will be appropriate to quote the relevant part of section 79 as well as section 82 of the act.'section 79. definitions.-- in this part and in part vii unless the context otherwise requires-(a). .....;(b) 'candidate' means a person who has been or claims to have been duly nominated as a candidate at any election;( ..... so observe, i further find support from the full bench decision of the punjab and haryana high court, as regards interpretation of sections 82 and 86, in the case of s. iqbal singh v s. gurdas singh badal and others. in this case, hon'ble mr. justice d.k. mahajan, as he then was, observed as under: (para 9)'9. section 82 is in the chapter dealing with presentation of election .....

Association for Democratic Reforms Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : AIR2001Delhi126; 2000(57)DRJ82

Anil Dev Singh, J. 1. Information is a many splendered virtue. It is the key to power, fortune, science and technology and even steadfast democracy. Its potential when channelised is capable of banishing ignorance, poverty, hunger and want. It plays significant role in every walk and sphere of life, including the field of politics and democracy. It can transform democratic institutions and the governance of the country.2. In this petition the petitioner inter alias seeks an informed right of voting for the voters of this country based on information and knowledge about candidates seeking election to Parliament and State Legislatures. The prayer in this regard of the petitioner is as follows :--'(iv) Issue an appropriate writ, order or direction directing respondent No. 2 to put together the information on criminality of all the candidates for an election and make this information available to public, and print and electronic media for wide dissemination.'3. Besides, the petitioner seek...

Rama Nand Prasad Singh Vs. Vidya Sagar Nishad

Court : Patna

..... in 1995 from 181-parbatta assembly constituency. the petitioner also happened to be a candidate in the said election and he was defeated and was in the 3rd position. the petition has been filed under sections 80, 80(a) and 81 of the representation of the people act, 1951 (hereinafter to be referred to as the 'r. p. act') the petition has been filed praying for setting aside the election of the sole respondent in the aforesaid election on the ground that the nomination papers of two of the candidates were accepted, though the same were fit to be rejected. it is stated in the petition ..... in this regard that the r.o. has committed a mistake in pending though the endorsement made on 24th january, 1995 and then correcting it, but in spite of this fact, acceptance of the nomination paper cannot be said to be illegal. 9. in this regard it is significant to note that according to chapter-vi of the handbook of the instruction to the returning officer, issued by the election commission of india, the principles for guidelines have been laid down, according to para-4 of the hand-book, the ..... . in support of their respective claims, both the parties have examined witnesses and produced and proved some documents, the petitioner has examined altogether five witnesses in support of his case. out of them, p. w. 1 rama nand prasad singh is the petitioner himself. he has supported the statements made in his petition and has stated that he was won over by sri parma nand choudhary by a margin of 12,000 .....

Election Commission of India Through Secretary Vs. Ashok Kumar and ors ...

Court : Supreme Court of India

Reported in : AIR2000SC2979; JT2000(9)SC529; 2000(3)KLT402(SC); 2000(6)SCALE182; (2000)8SCC216; [2000]Supp3SCR34; 2001(1)LC1(SC)

..... one nomination or only those which come from one party as distinguished from other parties or independents, which order would have the effect of preventing an election and not promoting it, the court's intervention in such a case will facilitate the flow and not stop the election stream.21. a third category is not far to visualise. under section 81 of the representation of the people act, 1951 an election petition cannot be filed before the date of election, i.e., the date on which the returned candidate is ..... was recorded in booth no. 182. in 27 booths polling was 26%. complaints were also made to the chief election commissioner. under section 135a of the representation of the people act, 1951, booth capturing is an offence.6. o.p. no. 24516/1999 was filed by respondent no. 1, who contested from the allappuzha constituency as an independent candidate, alleging more or less similar facts as were alleged in o.p. no. 24444/1999.7. in both the writ petitions it is alleged that in ..... before the high court was fully capable of being taken care of at the trial of the election petition to be filed after the declaration of the results and so the bar of article 329(b) was attracted. in this connection he invited our attention to 'chapter xiv-b counting of votes' of handbook for returning officers (1998) issued by election commission of india. this is an aspect of the case on which we would not like to express any opinion as the requisite pleadings and material are not available before .....

Kanhaiyalal Vishindas Gidwani Vs. Arun Dattatray Mehta and ors.

Court : Supreme Court of India

Reported in : 2000(7)SCALE545; 2001(2)LC1199(SC)

..... by the proposers as required under section 33(1) of the representation of the people act, 1951 (for short 'the act') because the proposers did not consciously propose the nomination of respondent no. 1 and they had signed only a blank form. he also contended that in the event of respondent no. 1's election being declared invalid, he is entitled to be declared as the elected candidate.3. respondent no. 1 opposed the election petition contending that the petition was barred by limitation as stipulated under section 81 of the act, and also for noncompliance of the mandatory requirements of sections 83 and 86 of the act. he further contended that since the petitioner ..... more than merely signing.17. as stated above, the petitioner in support of the above contention has relied on the following observations of this court in the case of rattan anmol singh (supra):the learned counsel for the respondent analysed the act for us and pointed out that the word 'subscribe' is only used in chapter i of part v dealing with the nomination of candidates while in every other place the word 'sign' is used. we do not know why this should be unless, as was suggested by the learned solicitor-general, the legislature wished to underline the fact that the proposer and seconder are not .....

Union of India and anr. Vs. Charanjit S. Gill and ors.

Court : Supreme Court of India

Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642

..... of his office shall not be invalidated by reason of the election of a person as president or vice-president being declared void. so also section 107(2) of the representation of the people act, 1951 (43 of 1951) provides that acts and proceedings in which a person has participated as a member of parliament or a member of the legislature of a state shall not be invalidated by reason of the election of such person being ..... , like to add that even though their appointment was not in accordance with the law but the judgment, and orders passed by them are not rendered invalid. the unplaced candidate are not usurpers of office, they were appointed by the competent authority to the posts of munsifs with the concurrence of the high court, though they had not been ..... under the act, deal with two types of offences, namely, (1) such acts and omissions which are peculiar to the armed forces regarding which no punishment is provided under the ordinary law of the land and (2) a class of offences punishable under the indian penal code or any other legislation passed by the parliament. chapter vi of the act deals with ..... bench division as the lord chief justice may nominate after consultation with the master of the rolls, such of the lords, commissioners of justiciary in scotland as the lord chief justice generally may nominate, such judges of the supreme court of the northern ireland as the lord chief justice of northern ireland may nominate and such of the persons of legal experience as the lord .....

M.P. Keshava Murthy Vs. A. Narayanaswamy and Others

Court : Karnataka

Reported in : AIR2001Kant77; ILR2001KAR2742; 2001(3)KarLJ266

..... order1. heard both sides.2. this application under section 87 of the representation of the people act, 1951 ('the act' for short), read with order 6, rule 16; order 7, rule 11(a) and section 151 of the code of civil procedure ('cpc' in short) is filed for respondent 1 ('r-1' for short) praying that for the reasons sworn to in his accompanying affidavit, the pleadings in paragraphs 6 to 21 of the election petition be struck out as being 'unnecessary, scandalous, frivolous, vexatious ..... states that a counting agent may perform functions in connection with the counting of votes as could be authorised by or under this act to be performed by a counting agent. section 64 occurring in this chapter states that 'at every election where a poll is taken, votes shall be counted by or under the supervision and direction of, the returning officer, and each contesting candidates, his election agent and his counting agents, shall have a right to be present at the time of counting'. ..... relating to the polling stage of the votes in the election process.16. section 21 of the act provides for designation or nomination of a returning officer for the particular constituency for conduct of election, who shall, per section 24 of the act, discharge the general duty as such at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by the act and the rules or orders made thereunder. section 22 empowers the election commission to appoint .....

Channala Ramachandra Rao Vs. State of A.P. and Others

Court : Andhra Pradesh

Reported in : 2000(2)ALD652; 2000(2)ALT655

..... court in sangram singh v. election tribunal, kolah, : [1955]2scr1 . there the court had to consider the effect of section 105 of the representation of the people act, 1951 (act xliii of 1951) which provided that 'every order of the tribunal made under this act shall be final and conclusive'. the contention there put forward was that this provision put an order of the tribunal beyond question either ..... method' has been specifically upheld and accepted to by this court. indeed, the report of mandal commission, 1980 (which was in a way subject matter of indira sawhney case) in chapter xii of the report in para 12.22 estimated obc population at 52% , which is 'derived' figure. this 'derived figure' was not found to be incorrect by the ..... of which might be in contravention of the law, still the electionprocess cannot be arrested and has to be held on the basis of electoral roll which is in force on the last date for making nominations. in paragraph 24 of the majority judgment, the law declared by the supreme court is as follows :'.....in the light of the conclusionrecorded by us that the petitioners have not made out ..... the act was not to be in force in a particular area until the relevant notification was issued by the state government and until the act came into force the disqualifications prescribed in section 16(1) of the act would not normally attach to candidates for election. the election rules also would be framed in exercise of the powers reserved under the act and if the act .....