Court : Kerala
Decided on : Oct-27-2006
Reported in : 2006(4)KLT809
..... 1951 act as follows:2. interpretation -(1) in this act, unless the context otherwise requires,-(e) 'elector' in relation 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).13. electoral roll in relation to a constituency is the electoral roll under the 1950 act, the preparation of which is provided for by section 15 of that act. the name of the respondent, the returned candidate ..... of the respondent in the electoral roll is illegal in terms of the representation of the people act, 1950, hereinafter, the '1950 act', for short; the representation of the people act, 1951, hereinafter, the '1951 act', for short; the registration of electors rules, 1960, hereinafter, the 'r e rules', for short and the constitution of india. it is also his case that there is no proper submission of the nomination paper, in as much as the affidavit in form 26, in ..... a triable plea that the respondent was not qualified for membership in terms of section 5. the relevant in that regard from among the provisions in chapter ii of the 1951 act, relating to qualifications for membership of state legislatures.11. section 5(c) in chapter ii of the 1951 act is relevant. it reads as follows:5. qualification for membership of a legislative assembly -a person shall not be qualified to be chosen to fill a seat .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-08-2006
Reported in : 2006(14)SCALE199; 2007AIRSCW304; 2007AIRSCW304; (2006)13SCC353
..... 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.instructions were also issued to returning officers in the form of 'handbook for returning officers for election to the house of people and state legislative assemblies'. para 10 of chapter vi (scrutiny) enumerates the grounds for rejection of nomination papers.40. the handbook took note of change in law and recited;in view of the change in law whereby the nomination papers of candidates set up by recognized national and state parties are required to be subscribed ..... , the election commission issued a circular on august 9, 1996 for the guidance of electoral officers. paras 7, 14 and 15 of the circular are relevant, which read thus;7. under the amended section 33 of the representation of the people act, 1951, the nomination of a candidate at the election to the house of the people or a state legislative assembly shall be required to be subscribed by-- (i) one elector of the constituency as proposer, if the candidate has been set up either by a recognised national party or by a recognised state party in the state or states in which it is recognised as a state party : (ii) ten (10) electors of the constituency .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-03-2006
Reported in : 2006(3)ALLMR606; 2006(4)BomCR392
..... the election of the respondent no. 1 who is the returned candidate should be declared as void under section 100(1) of the representation of the people act, 1951. the petitioner relies on section 123, 125-a, 127-a, 130 and other relevant provisions of the act.29. in these facts and circumstances it is clearly established that:[a] the respondent no. 1 has furnished wrong and/or incomplete information and/or have suppressed the material information in or from the affidavit dated 20th september, 2004, in the to the order dated 27th march, 2003 passed by the election commission of india, which is a defect of substantial characters and therefore the nomination filed by the respondent no ..... was not qualified within the meaning of the said provision. similarly, in the entire petition, it is nowhere the case of the petitioner that the respondent no. 1 was disqualified to be chosen to fill the seat under any of the provisions of the constitution or the act of 1951. the provision regarding disqualification can be culled out from chapter iii and chapter iv of act of 1951. section 8 of the act of 1951 provides for disqualification on conviction for certain offences. it is not the case of the petitioner that the respondent no. 1 has been convicted for any of the specified offences under that provision. from the averments in paragraphs 15 and 16 referred to above, it can at best be assumed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2006
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... candidate pertains.9.1 the word 'elector' has been defined in section 2(e) of the rp act, 1951 which reads as under:elector' in relation 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).9.2 section 16 of the rp act ..... matters necessary for securing the due consideration of such house or houses'.part xi of the constitution pertains to the 'relations between the union and the states'. chapter i of part xi is in respect of 'legislative relations'. article 245 generally states that the parliament, subject to the provisions of the constitution, may ..... people act, 1951 are to be read as an 'integral scheme'. in this context, reference was made to the fact that the provisional parliament that passed the representation of people act, 1950 and the representation of people act, 1951 was the same as the constituent body that had passed and adopted the constitution. in support of the contention about the integrated scheme of 'election', mr. nariman would first refer to n.p. ponnuswami v. returning officer, namakkal constituency and ors. : [1952]1scr218 . in that case, the appellant had challenged the dismissal by the high court of his petition under article 226 of the constitution praying for a writ of certiorari to quash the order of the returning officer rejecting his nomination .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-03-2006
Reported in : 2006(5)ALD409
..... may be provided for in a law made by the appropriate legislature. the parliament has by enacting the representation of the people act, 1951 provided for such a forum for questioning such election hence, under article 329(b) no forum other than such forum constituted under the r.p. act can entertain a complaint against any election.(ii) where the returning officer while scrutinizing the nomination paper of the petitioner found that form b which is required to be filled by the candidate for claiming party symbol was incompletely filled and vital clauses in the form b were ..... 210, 224a, 226(1), 231(1), 239(2), 243m(1), 243n, 243zc, 246(1) and (2), 247, 249(1), 250(1), 253, 266(1), 271, 276(1), 301, 303(1), 304, 312(1), 317(1), 330(3), 331, 332(b), 333, 334, 343(1), 345, 348(1), (2), 376(1) and 378a. the non-obstante clauses contained in these articles have limited operation. for example, non-obstante clause contained in article 116 operates against the provisions contained in chapter ii of part ..... iv. the non-obstante clause contained in article 120 operates against the provisions contained in part xvii. similar is the ambit and scope of the non-obstante clauses contained in the remaining articles of this family. as against this, the non-obstante clauses contained in articles 243o, 243zg, 244a, 258(1), 258a, 262(2), 329, 363, 363a, 368, 369, 371(2), 371a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-23-2006
Reported in : 2006(5)ALT279
..... by the appropriate legislature. the parliament has by enacting the representation of the people act, 1951 provided for such a forum for questioning such election hence, under article 329(b) no forum other than such forum constituted under the r.p. act can entertain a complaint against any election.(ii) where the returning officer while scrutinizing the nomination paper of the petitioner found that form b which is required to be filled by the candidate for claiming party symbol was incompletely filled and vital clauses ..... 24 also supports the view that the word 'election' has been used in the section in a wide sense and not in a narrow sense. section 24 occurs in chapter iii which contains a fasciculus of sections commencing from section 18 and ending with section 26 dealing, as the heading of the chapter shows, with 'election, appointment or co-option of members of panchayats, election disputes etc.' we have already pointed out that section 18 provides that election ..... the course of the proceedings and the other at its termination, for such two-pronged attack, if allowed, would unduly protract or obstruct the functioning of democracy.in paragraph 32 of the judgment, the supreme court culled out the following conclusions.(1) if an election, (the term election being widely interpreted so as to include all steps and entire proceedings commencing from the date of notification of election till the date of declaration of result) is to be called in question and which questioning may .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-23-2006
Reported in : 2006(5)ALD97
..... by the appropriate legislature. the parliament has by enacting the representation of the people act, 1951 provided for such a forum for questioning such election hence, under article 329(b) no forum other than such forum constituted under the r.p. act can entertain a complaint against any election.(ii) where the returning officer while scrutinizing the nomination paper of the petitioner found that form b which is required to be filled by the candidate for claiming party symbol was incompletely filled and vital clauses ..... section 24 also supports the view that the word 'election' has been used in the section in a wide sense and not in a narrow sense. section 24 occurs in chapter iii which contains a fasciculus of sections commencing from section 18 and ending with section 26 dealing, as the heading of the chapter shows, with 'election, appointment or co-option of members of panchayats, election disputes etc.'. we have already pointed out that section 18 provides that election ..... the proceedings and the other at its termination, for such two-pronged attack, if allowed, would unduly protract or obstruct the functioning of democracy.20. in paragraph 32 of the judgment, the supreme court culled out the following conclusions:(1) if an election, (the term election being widely interpreted so as to include all steps and entire proceedings commencing from the date of notification of election till the date of declaration of result) is to be called in question and which questioning may have .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-20-2006
Reported in : 2006(4)ALLMR522; 2007(1)BomCR521; 2006(3)MhLj835
..... court as a disqualification in the article, but that would be covered, according to learned counsel shri sagar; in clause (e) by virtue of section 11a of the representation of the people act, 1951 (for short, hereinafter referred to as 'the r.p. act, 1951'). the relevant portion of article 102 reads thus :disqualification for membership.(1) a person shall be disqualified for being chosen as, and for being, a member of either house of parliament --(a)to(d)...(e) if he is so disqualified by or under ..... sciences and chairman, board of studies. in fact, shri khandare relied upon declaration and undertaking at the foot of the nomination paper. the undertaking requires the candidate to declare that he is eligible to contest the election and he is not subject to and has not incurred any of the disqualifications under section 44 of the maharashtra universities act. although, according to advocate shri khandare, requisition of such a declaration supports interpretation of section 44, as tried to ..... such immediate action, as can be seen from the further text of the said section, is the action otherwise contemplated by some authority or body. in the scheme of the act, provisions regarding the chancellor are contained in chapter iii which pertains to officers of the university. the authorities and bodies of the university are covered in chapter iv. hence sub-section (7) of section 14 cannot be read to be enabling vice chancellor to exercise the powers of chancellor, in case of an emergency. .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Apr-03-2006
Reported in : 2006(2)JKJ557
..... symbol is reserved by the election commission.13. in the present case admittedly respondent no. 9 mohd saleem was a candidate of samajwadi party and his nomination had not been subscribed by ten proposers in terms of proviso to sub-section (1).14. now the question arising for consideration is what is true ambit and scope of the expression recognized political party used in sub-section (1). the recognition to a political party is granted under section 29(a) of the central representation of people act, 1951 which empowers election commission of india to register any association or body of individual citizens of india ..... wadi party. said party is not recognized party of j&k; state. section 10.2 of chapter-v of hand book of returning officers says as under:if a state party recognized in one state is granted concession for using its reserved symbol under para-10 of the election symbol (reservation and allotment) order, 1968, in another state in which it is not so recognized the nomination of candidate (s) set up by that party in such other state will also be required to be subscribed by ten .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-2006
Reported in : 2006(2)CTC241; (2006)3MLJ129
..... commission can pass orders regarding the transfer and posting of any officer who has got any connection with the conduct of election. i am unable to accept this contention. powers of the election commission are clearly outlined under article 324(6) read with section 13cc of the representation of the people act, 1 950 and section 28a of the representation of the people act, 1951. the power, superintendence and control could be exercised in respect of officers who are deputed for election work. counsel for election commission further contend ..... .27. part vii of the r.p. act, 1951 relates to corrupt practices and electoral offences. chapter i of part vii relates to corrupt practices. section 123 enumerates what shall be deemed to be corrupt practices for the purposes of the act. 123(7) lays down as follows:-123 (7) the obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his election agent, any assistance (other ..... not be obligatory on the part of the election commission to comply with the principles of natural justice while directing transfer of a particular officer the provisions contained in r.p. act, 1950 or r.p. act, 1951 regarding consultation with state government in the matters relating to nominating various state officials as chief electoral officer, district election officer, etc., should not be lost sight of and the election commission should develop a healthy convention .....
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