Court : Supreme Court of India
Decided on : Jul-30-2003
Reported in : AIR2003SC3057; 2003(4)ALLMR(SC)707; 2003(4)AWC2920(SC); 2003(3)CTC620; JT2003(6)SC283; (2003)135PLR531; 2003(5)SCALE602; (2003)8SCC369
..... they are, and therefore, subject to statutory limitation.'24. in jumuna prasad mukhariva and ors. v. lachhi ram and ors., : [1955]1scr608 , a candidate at the election made a systematic appeal to voters of a particular caste to vote for him on the basis of his caste through publishing and circulating leaflets. sections 123(5) and 123(5) of the representation of the people act, 1951, were challenged as ultra vires of article 19(1)(a) of the constitution, submitting that the provisions of representation of the people act interfered with a citizen's fundamental right to freedom of speech. repelling the contention, the constitution bench held that these laws ..... be exercised on the conditions laid down by the statute. the fundamental rights chapter has no bearing on a right like this created by statute. the appellants have no fundamental right to be elected and if they want to be elected they must observe the rules. if they prefer to exercise their right of free speech outside these rules, the impugned sections do not stop them. in sakhawat ali v. the state of orissa, : [1955]1scr1004 , the appellant's nomination paper for election as a councillor of the municipality was rejected on the ground .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-2003
Reported in : AIR2003SC4603; JT2003(Suppl2)SC613; 2003(3)KLT1081(SC); 2003(8)SCALE165; (2003)8SCC498
..... to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950 (43 of 1950);'26. sub-section (1) of section 33 provides as under:'33. presentation of nomination paper and requirements for a valid nomination.(1) on or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven o' clock in the forenoon and three o' clock in the afternoon deliver to the returning officer at ..... or otherwise, or is in the lawful custody of the police: provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.' 28. part vi of the 1951 act provides for resolution of disputes regarding elections. chapter i contains interpretation clauses; chapter ii deals with presentation of election petitions to the high court; chapter iii provides for trial of election petitions. section 87 provides for procedure before the high court. section 94 prohibits infringement of secrecy of voting. section 98 reads as under .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-2003
Reported in : ILR2003KAR2732
..... .16. in this connection, it is relevant to notice the various provisions of the representation of the people act and also the various rules as applicable to the facts of this case. part v of the representation of people act deals with conduct of elections. chapter 1 provides for nomination of candidates. section 30 provides for appointment of dates for nominations. section 31 provides for public notice of election. section 32 provides for nomination of candidates. section 33 provides for presentation of nomination paper and requirements for a valid nomination. section 34 provides for deposits. section 35 provides for notice of nomination. section 36 provides for scrutiny of nominations. section 36(5) provides for adjournment of scrutiny when proceedings ..... of united janata dal political party for athani constituency. he invites my attention to the representation of people act, 1950. 1951 act regulates the conduct of elections. section 30 provides for appointment of dates for nomination. sections 31 to 36 provides for various stages in the matter of public notice, filing of nomination, scrutiny etc. there is a prescribed procedure in the matter of nomination to a political party and for non-political party. section 33 provides for a nomination of a political party. section 36(2) provides for rejection of a candidate. according to the learned counsel this code is a complete code by itself. he essentially concentrated .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-31-2003
Reported in : AIR2003SC3701; JT2003(7)SC99; (2004)1MLJ23(SC); 2003(6)SCALE157; (2003)7SCC66
..... of section 116a of the representation of the people act, (thereafter referred to as 'the act') falls for consideration in this appeal which arises out of a judgment and order dated 31.07.2002 passed in misc. case no. 28/01 in election petition no. 17/2001 whereby and whereunder the election petition filed by the appellant herein was dismissed.2. the last general election for assam assembly was held in may 2001. abhayapuri south legislative assembly constituency is a reserved constituency. the respondent herein filed his nomination for contesting election fro ..... c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.''116a. appeals to supreme court. - (1) notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the supreme court on any question (whether of law or fact) from every order made by a high court under section 98 or section 99.(2) every appeal under this chapter shall be preferred within a period of thirty days ..... 1) of section 98.11. the legal fiction created by reason of the said explanation must be given its full effect.12. in bhavnagar university v. palitana sugar mill (p) ltd. and ors. : air2003sc511 , this court stated:'the purpose and object of creating a legal fiction in the statute is well-known. when a legal fiction is created, it must be given its full effect. in east end dwellings co. ltd. v. finsbury borough council, (1951 .....
Tag this Judgment!Court : Orissa
Decided on : Jan-29-2003
Reported in : 95(2003)CLT299; 2003(I)OLR336
P.K. Balasubramanyan, C.J.1. As per notification dated 10.1.2002, the State Election Commission, Orissa called upon all the Grama Panchayats in the State to elect Ward Members and Sarpanches for the purpose of constituting the Grama Panchayats. The said notification also set down the schedule of election from the commencement of the issue of the notice by the Election Officer under Rule 24 of the Orissa Grama Panchayats Election Rules, 1965 till publication of the name of the duly elected Naib Sarpanch. What is relevant for our purpose is to note that 22.1.2002, was fixed as the date for scrutiny of nominations under Rule 29 of the Orissa Grama Panchayats Election Rules, (hereinafter referred to as the 'Rules') and 23 1.2002 was fixed as the date for publication of the list of the validly nominated candidates under Rule 32(1) of the Rules. Withdrawal had to be done by 25.1.2002, and publication of the final list of contesting candidates was to be published on 25.1.2002. The declaration...
Tag this Judgment!Court : Chhattisgarh
Decided on : May-09-2003
Reported in : 2003(4)MPHT17(CG)
..... and if there is no disqualification, there is no question of removal under the adhiniyam. it is further contended that the finding of the tribunal that an m.l.a. while remaining the m.l.a. can not contest the election, is against chapter 6 of representation of the people act, 1951. it is also contended that the finding recorded by tribunal that under the provisions of representation of the people act, a sitting member can not contest for vacant seat of assembly and he is disqualified for that, is against the provisions. it is also contended that the finding of the tribunal that the applicant was ex officio councillor and he is not qualified to contest ..... carries any profit. the apex court has further held as under :--'now coming to the separate grounds urged against each of the returned candidates, we shall first take up those directed against the parliamentary candidate sanganna andanappa. in the election petition, it is alleged that he was disqualified for being a candidate under article 102(1)(a) of the constitution on various grounds as at the time of his nomination, he was holding many offices of profit under the government of mysore. we shall take up each one of those grounds and deal .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-16-2003
Reported in : AIR2004Cal27
ORDERAmitava Lala, J.1. The point is whether a Scheduled Caste candidate having been elected from general or unreserved seat of a Gram Panchayat can be a Pradhan of such Gram Panchayat reserved for Scheduled Caste candidate or not. Factually there are altogether three successful scheduled caste candidates. Out of the three candidates two won from the reserved seats when another won from unreserved or general seat;2. Mr. Utpal Majumdar. learned Counsel appearing for the petitioner contended that whenever a seat is reserved for Scheduled Caste candidate there should be true reflection of representation of such community. A Scheduled Caste candidate having been represented from general seat cannot be the true representative of the Scheduled Caste community. Moreover, there was no scope of enquiry of the candidature of such Scheduled Caste candidate when the nomination paper had been filed by him as a general candidate.3. He has drawn my attention to the situation of the grass-root level w...
Tag this Judgment!Court : Gujarat
Decided on : May-09-2003
Reported in : (2003)2GLR1558
Akshay H. Mehta, J. 1. At the stage of admission hearing, we have been informed by learned Counsels appearing for the parties that the pleadings in this petition are complete and looking to the controversies that are involved in it, the petition is required to be finally decided. Hence, Rule. Mr. Amit Kotak, the learned A.G.P. appearing for respondent No. 1-State and Mr. K. M. Patel, the learned Counsel appearing for respondent No. 2-Gujarat Mineral Development Corporation (G.M.D.C.) waive service of the rule. The petition is heard fully and now it is being disposed of by this C.A.V. judgment.2. This petition is filed for claiming reliefs to declare that the acquisition of the petitioners' lands without prescribing for an adequate Scheme for rehabilitation and resettlement is arbitrary, unreasonable and violative of Articles 14, 19(1)(d), (e) and 21 read with Articles 39, 39(b), 39A and 46 of the Constitution of India, and to direct the respondents by issuing appropriate writ, order or...
Tag this Judgment!Court : Kerala
Decided on : Jan-21-2003
Reported in : 2003(1)KLT459
K. Padmanabhan Nair, J. 1. This Original Petition is filed by the defendant in O.S. No. 456 of 2002 on the file of the Munsiff Court, Cherthala.'(i) To set aside the process issued and orders passed in the suit. (ii) To declare that the statutory authorities under the Abkari Act are competent to decide the question whether a toddy shop is located within the prohibited distance from aTemple, and (iii) To declare that the jurisdiction of the civil court is ousted in matters coming under the provisions of the Abkari Act and that the civil suit filed by the plaintiff is notmaintainable.' The petitioner is the licence holder of Shop No. 10 of Kuthiathodu Range in Alappuzha District. He was granted Ext. P2 licence under the provisions of the Kerala Abkari Act after completing all formalities laid down under the Act and Rules made thereunder and depositing a huge amount. When the petitioner started functioning of the toddy shop the first respondent filed O.S. No. 456 of 2002 before the Munsi...
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-2003
Reported in : 2004(2)MhLj392
..... and had made incorrect and false averments in the petition and had not come to the court with clean hands and in this view of the matter the petition itself was liable to be dismissed on that count. it was submitted by the respondent no. 1 that the statement in para no. 7 that 'provisions in the representation of the people act, 1951 mandate that the withdrawal of the nomination paper could be done only by a candidate contesting the election or his proposer and/or seconded by approaching the returning officer, in the present case, the younger brother of respondent no. 2 who was neither the proposer nor seconded is alleged to have requested the returning officer - respondent no ..... as first ground is concerned that the election petition is barred by limitation, in order to decide the said question, it will be necessary to see the relevant provisions under the said act and rules. chapter 3 of the said act deals with the trial of election petition. section 86 deals with the trial of election petition which reads as under :'86. trial of election petitions. -- (1) the high court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.explanation .....
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