Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Year: 2004 Page 1 of about 10 results (0.082 seconds)

Jan Chaukidar (Peoples Watch) Through Its Convenor Basant Kumar Chaudh ...

Court : Patna

..... laid on understanding the prescription of the law relating to representing the people in the republic. the law is the representation of the people act, 1951. wherever the act has provided for qualification or disqualification, terms are used in a generic sense, was a prerequisite to the right to vote. the court is dealing with a situation when the law has prescribed for inhibition or reservations facing a particular candidate in being either an elector or a voter. the qualifications for membership of parliament or for membership of state legislatures, comes under part ii of the act. part ii is titled 'qualifications and disqualifications'. chapter 1 provides for qualifications for membership of parliament. chapter 2 deals with qualifications for membership of state ..... person when the debate was left open is an amendment which was made to the representation of the people act, 1951, with the insertion of the right to information as a statutory right in the conduct of elections. the 1951 act was amended in 2002. the act as amended, with the insertion of section 33a, read :-- '33-a. flight to information.--(1) a candidate shall, apart from any information which he is required to furnish, under this act or the rules made thereunder, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether,--- (i) he is accused, of any offence punishable with imprisonment for two years .....

Chandrakant Uttam Chodankar Vs. Shri Dayanand Rayu Mandrakar and ors.

Court : Supreme Court of India

Reported in : AIR2005SC547; JT2005(11)SC408; (2005)2SCC188

..... . the appellants in ca no.6622 of 2003 and ca no.6750 of 2003 are aggrieved by the dismissal of their election petition nos. 1 and 2 of 2002 by the bench of the high court of bombay on preliminary issues without any trial and have filed these two statutory appeals under section 116a of the representation of the people act, 1951 (in short 'the act' ) against two separate judgments of the same bench of bombay high court. since common questions of law and facts arose in both the appeals, ..... c.a. no. 6622/2003 arises, the appellant challenged the validity of the assembly election of siolim constituency, goa under section 86 of the act in which he contested but the respondent no.1 was declared elected. the election of the returned candidate was questioned inter alia on the ground that the returned candidate ( respondent no.1 ) on the date of nomination and the date of election of the constituency in question was disqualified as he was the chairman of goa khadi and village industries board which is a statutory authority and, as ..... stage to refer to some of the relevant provisions of the act. 10. chapter ii of the act deals with election petitions to high court. 11. section 80 of the act says that no election shall be called in question except by an election petition presented in accordance with the provisions of part vi of the act..12. section 80a of the act confers power on the high court to try election petitions. section 81 of the act deals with presentation of election petition which .....

Uttam Ambadas Gawali Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(1)BomCR914

Marlapalle B.H., J. 1. Heard Shri Raghuwanshi for the petitioner, Shri Salunke for respondent No. 3, learned A.G.P. for respondent Nos. 1, 2 and 5 and Shri Bagul for respondent No. 7.2. Being aggrieved by the order passed by the Additional Divisional Commissioner at Aurangabad on 8th July, 2004 in Election Petition No. of 2002, the petitioner has filed this petition under Articles 226 and 227 of the Constitution. By the said decision, the election petition, filed by the present respondent No. 3, came to be allowed and the petitioner came to be unseated as a member of the Managing Committee (Board of Directors) of the respondent No. 7 Bank Le. the District Central Co-operative Bank, Parbhani.3. On or about 8th of March, 2001 one of the sitting members of the Managing Committee of Vividh Karyakari Seva Sahakari Society, Lasina vacated his post and in his place the petitioner came to be co-opted on 24th March, 2001 as a member of the said village level society which, in turn, is a member ...

Ram Phal Kundu Vs. Kamal Sharma

Court : Supreme Court of India

Reported in : AIR2004SC1657; 2004(2)SCALE49; (2004)2SCC759

..... a detailed order on the very next day i.e. on 7.2.2000 and after noticing the submissions made in the petition issued a direction to the returning officer to conduct a re-scrutiny. the operative portion of the order reads as under :'now, therefore, the election commission hereby directs that the returning officer for the said 50-safidon constituency shall cause a re-scrutiny of the nomination papers of the aforesaid candidates, namely, shri kamal and shri bachan singh in accordance with the relevant provisions of the constitution, representation of the people act, 1951 and the election symbols (reservation and allotment) order ..... officer. the handbook for returning officers contains instructions which have been issued by the election commission for the smooth holding of the election and being merely instructions cannot override the provisions of the statute, rules or the order. in fact in the very first para of the first page of the handbook in chapter i titled as 'preliminary' it is written as under :'however, please note that this handbook cannot be treated as exhaustive in all respects and as a substitute for various provisions of election law governing the conduct of election.'the language used in the bracket in the substituted sub-para 10.3 .....

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... and issued a substituted set of directions.86. subsequent to the judgment of the supreme court in the first democratic reforms case, the representation of the people act, 1951 (for short 'the 1951 act') was amended initially by an ordinance, later replaced by the representation of the people (3rd amendment) act, 2002. sections 33a and 33b were incorporated providing a right to information to the voter and obligating a candidate at election to furnish information in an extent restrictive than the extent directed by the supreme court in the first democratic ..... b) the act is divided into 8 parts:part-i consists of sections 1 and 2, which set out the short title, extent and provisions relating to commencement of the act and the definitions.part-ii chapter-i sets out provisions relating to constitution, administration and control of gram panchayats including provisions relating to election of members, reservation of seats, term of office, qualifications and disqualifications of candidates, resignation ..... parishad, district collectors or other executive officials, appointed or nominated by the state governments and functioning within the exclusive control of the state, was not the underlying purpose of the constituent exercise, which found utterance as the constitution 73rd amendment.29. the challenge by the petitioners and the defence of the state government, to the state action qua the provisions of the act, rules and administrative instructions are primarily predicated upon adversarial .....

Bidesh Singh Vs. Madhu Singh and ors.

Court : Jharkhand

Reported in : [2005(1)JCR173(Jhr)]

..... not maintainable and it is barred by the principle of waiver, estoppel and acquiescence and besides that it is not in strict compliance of the provisions of section 83 of the representation of people act, 1951 (hereinafter referred to as the said act) as it is miserably lacking in furnishing adequate statement of material facts within the purview of section 83(1) of the said act, and this election petition has been filed with malajide motive and intention and to succeed on the basis of corrupt practice of casting bogus ..... 2.200.0.16. candidates had filed their nomination which was found valid on scrutiny and ramdeo prasad yadav, an independent candidate, withdrew his nomination and, thereafter, 15 candidates including the petitioner and the returned candidate i.e. respondent no. 1 remained in the fray. the election petitioner was an independent candidate whereas respondent no. 1, the returned candidate, was the candidate of the samta party, a recognized political party. election symbols were allotted to the aforesaid 15 candidates for the said election and ' ..... only very serious but also penal in nature and on the proof of any of the corrupt practice as alleged that the election petitioner has committed corrupt practice, he may be punished for imprisonment under chapter iii of part vii of the act and also he may be debarred for contesting the election in future for the specified period as directed. in the case of a. younus kunju v. r.s. unni and others, (1984) 3 scc 346', the apex .....

Bhagwan Singh and ors. Vs. State of Bihar and ors.

Court : Patna

..... proceeding is over. in paragraph 30 of the said judgment, it was held as follows :'to what extent article 329(b) has an overriding effect on article 226 of the constitution? the two constitution benches have held that representation of the people act, 1951 provides for only one remedy; that remedy being by an election petition to be presented after the election is over and there is no remedy provided at any intermediate stage. the non obstante clause with which article ..... more than a period of six months, which is disqualification in terms of section 139(1)(g) of the act, even though i have held that the state election commission has no power to decide disqualification with regard to pre-election matters, the fact is that these candidates have suppressed the factum of their conviction and sentence and by playing a fraud, they got their nomination papers accepted as valid and were elected to the election. the fraud vitiates everything ..... candidates on merit. in some cases, the elected members have incurred disqualification after election and the state election commission has also passed orders declaring them disqualified under the aforesaid rule, read with section 139(2) of the act.2. to appreciate the point, it is first necessary to refer to the relevant provisions of the constitution and the act, at the very beginning. para ix dealing with the panchayats was inserted in the constitution of india by the constitution (seventy third amendment) act, 1992. part ix is a complete chapter .....

Md. Mustaque Vs. State of Bihar and ors.

Court : Patna

Ravi S. Dhavan, C.J. 1. This issue raises an important point on what actually should be the content of local self Government with civic functions. What is urbanisation about? Is it not a civic function with local self Government? It is local Government by the people, for the people and of the people. The attack in the present petition is on the Bihar Regional Development Authority Act, 1981.2. As long as 73rd and 74th amendments to the Constitution had not arrived, the encouragement to even debate such issues was not available. Not a single argument has been advanced to resist the proposition that the content of the development authority within the area of a municipality has to with elected representatives. If the Government is local Government in its content then why should peoples representatives be eliminated in participating in municipal Government.3. Circumstances of the set up which has been structured in Bihar (and Uttar Pradesh) will be better understood in its back ground. Th...

T. Muralidhar Rao Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2004(6)ALD1; 2004(5)ALT634

..... .this bill seeks to give effect to the above decision. '35. after coming into force of the a.p. act 20 of 1993, the commission for backward classes was constituted on 26-1-1994. chapter-i deals with title and definitions. under section 2(d), 'lists' means lists prepared by the government ..... part xvi recognizes the need to make certain special provisions with regard to scs and sts and the anglo-indian communities in the matter of representation in the house of people (lok sabha) and the legislative assernblies of the states and the need to take into consideration the claims of the members of the scs and sts while making ..... classes' are caste, nature of traditional occupation or trade, poverty, place of residence, lack of education and also the sub- standard education of the candidates for the post in comparison to the average standard of candidates from general category. these factors are not exhaustive.xxxx(605) the ideal and wise method, therefore, would be to mark ..... services under the state. article 15 had clause (4) inserted in it by the first amendment act 1951 whereas article 16 has remained unamended except for a minor amendment in clause (3). as amended, both articles read as follows ..... for extending the term of the same commission or for making new appointments. act 20 of 1993 enables the government to remove any person from the office if that person refuses to act or becomes incapable to act. nothing prevented the government from nominating new members.198. in charan lal sahu v. union .....

Subhash Chandra and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2004)2UPLBEC1150

A.K. Yog, J.1. Subhash Chandra, Angad Prasad, Abdul Quaiyum and Narendra Kumar Singh, four petitioners, have filed the present writ petition under Article 226, Constitution of India praying for following reliefs :'(i) issue a writ, order or direction of a suitable nature commanding the respondents to produce a copy of the decision of the selection committee holding the petitioners ineligible for consideration and to quash the same.(ii) issue a writ, order or direction of a suitable nature commanding the respondents to forthwith interview the petitioners for U.P. Higher Judicial Service in pursuance to the interview letters issued to them within a period to be specified by this Hon'ble Court.(iii) issue a writ, order or direction of a suitable nature quashing the entire proceedings of interview and to direct de novo interview proceedings to be conducted of all candidates including the petitioners and only thereafter to declare the final result.(iv) writ, order or direction in the nature...