Court : Rajasthan
Decided on : Mar-20-2002
Reported in : AIR2002Raj293; 2001(1)WLC709
..... ' from the authorised office-bearer of the political party concerned, the nomination paper may be accepted if part ii is properly filled and subscribed by tenelectors 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 filed his nomination paper as candidate claiming to be set up by an unrecognised political ..... to have 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.'24. so are the instructions for the guidance of the returning officerscontained in the handbook for returning officers, 1998 vide papers 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 : Allahabad
Decided on : Mar-08-2002
Reported in : 2002(2)AWC1394
..... petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislature.'4. that apart, in our view, appropriate remedy is to file an election petition under chapter ii of the representation of the people act, 1951 thereinafter referred to as the act). the relevant sections i.e., sections 80, 80a, 81 and 100, in the said chapter are set out herein 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.80a. high court to try ..... , or was disqualified, to be chosen to fill the seat under the constitution or this act or the government of union territories act, 1963 (20 of 1963) ; or(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any 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, 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 .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-17-2002
Reported in : AIR2003All128
..... record.16. the instant petition has been filed by the petitioner under section 81 read with section 100(1)(c) of the representation of the people act, 1951 impugning the validity of the election of the respondent on the ground that the nomination paper of the petitioner was improperly rejected by the returning officer. the undisputed facts are that the petitioner filed his nomination paper on 9-9-1999. he was handed over a notice stating therein that in order to be satisfied that the petitioner ..... which he was legally under an obligation. the contention of sri r.n. trivedi, additional solicitor general of india that the petitioner is not a duly nominated candidate and has no right to maintain the petition has force.as the petitioner was not a duly nominated candidate under the provisions of the representation of the people act and the constitution of india, he has no locus standi to file the instant election petition. it is accordingly rejected at the preliminary stage. ..... chosen as, and for being, a member of either house of parliament, if he is so disqualified by or under any law made by the parliament. section 8 of the act provides for disqualification on account of the conviction for specified offences where the sentences are for the prescribed period. section 7(b) provides that in chapter iii 'disqualified' means disqualified for being chosen as and for being a member of either house of parliament. section 81 provides for disqualification on ground of corrupt practice. section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-08-2002
Reported in : AIR2002SC599; 2002(3)ALLMR(SC)611; JT2002(1)SC15; 2002(1)SCALE61; (2002)2SCC410; [2002]1SCR63
..... appellant contended, that the validity of explanation 1 to 77(1) of the representation of peoples act, 1951 having been up held by this court in the case of dr. p. nalla thampy terah vs. union of india - 1985 (supp.) supreme court cases 189, unless an election petition contains averment to the effect that the returned candidate, either has incurred or has authorised expenditure to be incurred by the election agent, more than the ceiling prescribed under the act, a mere vague allegation will not ..... issue still exists.(2) whether non-mention of source of information in the affidavit constitutes an infraction of the provisions of section 83 of the act, and as such is fatal to the maintainability of an election petition.coming to the first question, chapter viii of the act deals with election expenses. under section 77 of the act every candidate at an election either by himself or by his election agent, is required to keep a separate and correct account of all expenditure in connection with ..... the election incurred or authorized by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof. sub-section (3 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-28-2002
Reported in : AIR2003SC87; (2002)8SCC237
..... 1), 360 and 368; representation of the people act, 1951 - sections 14, 15, 15(2) and 73; government of india act, 1915 - sections 63, 63d, 63d(1), 72b, 72b(1), 204(1) and 213; government of india (amendment) act, 1919 - sections 8, 8(1), 21 and 21(1); government of india act, 1935 - sections 18, 18(4), 19, 19(1), 19(2), 60, 61(3), 62, 62(1) and 62(2); representation of people act ..... starting with booth capturing) is the heartbeat of democracy. path ofthe little man to the polling booth should be free and unhindered, andhis freedom--to-elect a candidate of his choice is the foundation of afree and fair election.114. the message relates to the pervasive philosophy of democraticelections which sir winston churchill vivified in matchless ..... update the electoral roll and the time taken for suchupdating of the electoral roll shall be reasonable time. ordinarily, the electioncommission would also require time for notification, calling of nomination andsuch other procedure that are required for the proper conduct of election. theremay be situation where the election commission may not be in a position toconduct free and fair ..... insuch a manner that prescription under article 174 is not diluted orrendered ineffective.157. so far as chapter iii of part vi is concerned, like chapter iii ofpart v. difference is made between the legislature, the legislativeassembly and the house of the people, as the case may be, article 79says that there shall be a parliament for the union which shall consistof .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-10-2002
Reported in : 2002(4)ALD660; 2002(6)ALT18
..... singh gill case, : [1978]2scr272 asks us toread section 100 widely as 'covering the whole basket of grievances of the candidates'. sub-clause (iv) of clause (d) of subsection ( 1 ) of section 100 is a 'residual catch-all clause'. whenever (here has been non-compliance with the provisions of the constitution or of the representation of the people act, 1951 or of any rules or orders made thereunder if not specifically covered by any other preceding clause or sub-clause ..... reddy, the 2nd petitioner was already appointed as whip and since that appointment was not cancelled, the 2nd respondent ought not to have been appointed as the whip by the political party as per the rules. the 2nd respondent was nominated by sri sikhamani, local mla, who is the father of mr. mani gandhi, the 3rd respondent. the learned counsel contended that mr. sikhamani had no authority to appoint the 2nd respondent as the whip, because the whip could ..... 226 of the constitution challenging the validity of the electoral roll. it appears that the consistent view of the bombay high court on the interpretation of chapter xi-? of the act and the rules framed thereunder is that the preparation of electoral roll is an intermediate stage of the election process of the specified societies. this being the consistent view of the high court on the interpretation of provisions of a state act, the same is not required to be disturbed unless it is shown that such a view of the high court is palpably wrong or ceased to be good .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-23-2002
Reported in : AIR2002SC749; 2002(2)ALD7(SC); JT2002(1)SC247; 2002(1)SCALE296; (2002)3SCC130; [2002]1SCR403
..... held that the provisions of section 10 of the general clauses act would certainly apply to election petition filed under the representation of people act, 1951 without specifically deciding the applicability of section 4 of the limitation act to the election petitions. the court held that the applicability of section 5 of the limitation act to election petitions, filed under the representation of people act, can be determined upon the terms of section 29(2) of limitation act. it held:"whether s.5 could be invoked ..... i) and (ii) of sections 79 and 80 to the election tribunal by any candidate at such election or any voter, within two months from, but not earlier than the date of election of the returned candidate or if there are more than one returned candidate at the election and the dates of the election are different is the latter of those two dates."even though the period of limitation for challenging the election petition, under the act, is provided vide sub-section (2) of section 71, yet the section or the chapter ..... as to whether section 5 of the limitation act is applicable to the election petitions filed under the act or not.the facts giving rise to the filing of the appeals are that the appellant shaik saidulu @ saida (in civil appeal arising out of slp 8034 of 2001) filed nomination for the post of mayor of guntur municipal corporation on behalf of indian national congress party on 21.2.2000. upon scrutiny, the nomination papers of the parties contesting the appeals, were .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-01-2002
Reported in : 2003(1)ALLMR906; 2003(2)BomCR532; (2003)1BOMLR379; 2003(1)MhLj669
..... representation of people act, 1950 and the representation of people act, 1951. whereas the representation of people act, 1950 provides for delimitation of constituencies and allocation of seats for purposes of election to the house of people and the legislatures of state and the preparation of electoral roll, the representation of people act, 1951 provides for conduction of election. under section 100 of the representation of people act, 1951 one of the grounds amongst others is that an election can be challenged where there is non-compliance with the provisions of the constitution or of the state act and the rules or orders made thereunder - meaning thereby that the breach of the representation of people act, 1950 cannot be called in question in an election petition filed under the representation of people act, 1951 ..... 88 the election petition would also lie to the collector. as against this submission of mr. soni, mr. dhakephalkar pointed out that even when a nomination of a candidate was rejected, an appeal against the decision of a returning officer was provided to the collector under rule 51. he however pointed out that under ..... said act is a composite act. it is an act essentially enacted to regulate the marketing of agricultural and certain other produce in market areas and to confer powers upon the market committees and purposes connected therewith. chapter iii of the act deals with constitution of the market committees and in that context, section 14(1) provides the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2002
Reported in : AIR2003SC355; 2003(51)BLJR158; JT2002(9)SC1; 2003(1)KarLJ1; (2002)8SCC481; (2002)3UPLBEC2817
..... the word minority as we have been accustomed to useit for purposes of certain political safeguards, such as representation in thelegislature, representation in the services and so on'. according to him, theword minority is used not merely to indicate, the minority in ..... of jointelectorates so that every candidate in an election would have to seek supportof all sections of the constituency. in turn special safeguards were providedto minorities and they were made part of chapter iii of the constitution witha ..... -56, 80% of the seats in the training colleges for teachers in non-government training colleges were to be reserved for the teachers nominated by the government. the petitioner, who belonged to the minority community, were, inter alia, running a training college for teachers, as also ..... whether any creases therein need ironing out.95. in the state of madras v. srimathi champakam dorairajan : [1951]2scr525 the state had issued an order, which provided that admission to students to engineering and medical colleges in the state ..... people. the question, therefore, was whether the college could claim the protection of section 48-b of the bihar universities act read with article 30(1) of the constitution, only if it proved that the educational institution was furthering the rights mentioned in article 29(1). section 48-b of the bihar universities act exempted a minority educational institution based on religion or language from the operation of some of the other provisions of that act .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-03-2002
Reported in : 2002(3)ALLMR625; 2003(1)BomCR401
..... country, it is impossible to avoid reservation without excluding some people who have got a caste.' 13. article 15(4) was incorporated by the constitution (first amendment) act, 1951 and the necessity for such an amendment found its place in the case of state ..... has been divided in six revenue divisions as at present and if one member from each region is nominated as a member of the said commission, membership will go to six plus the director -- department of social welfare as its ..... constitutional guarantees provided under articles 15 and 16 as well as chapters ix and ixa have great relevance for the welfare of the citizens belonging to the obcs. the representatives of the people either in the panchayats, nagar panchayats or the assembly must be involved ..... in the government resolution dated 11-1-1950, the scheduled castes and the scheduled tribes (modification) order, 1956, had shown area restrictions for the scheduled tribe 'thakur' caste and the government of maharashtra made representations to the central government stating that the citizens ..... of madras v. sm. champakam deorairajan and anr. air 7952 sc 226 and decision of seven judges bench of the supreme court in the case of b. venkataramana v. the state of madras and anr. : air1951sc229 . the madras public service commission had invited applications for 83 posts of district munsiffs. it was further notified that the selection of the candidates .....
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