Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i nomination of candidates Year: 2011 Page 1 of about 12 results (0.105 seconds)

Sardar Khan Khokhar Verses Devji Patel and Others

Court : Rajasthan

..... edifice of the petition is founded on the details given in part-iii-a of the nomination papers. the nomination paper in question is as per form 2-a given under the conduct of election rules, 1961 (hereinafter referred to as the rules of 1961). the part-iii-a of the form aforesaid is in following format:- part iii a (to be filled by the candidate) whether the candidate- (i) has been convicted-] (a) of any offence(s) under sub-section] (1) ;or ] (b) for contravention of any law specified in sub-section (2), of section 8 of the representation of the people act, 1951 (43 of 1951); ] yes/no. or (ii) has been convicted for any ..... of the affidavit to be filed in terms of the order of the election commission of india bearing no.3/er/2003/js-ii dated 27-3-2003 (annexure-i to the nomination paper) was totally scored out thereby refusing to give the information detailed therein. the above affidavit was required to be filed in terms of section 33a of the rp act, 1951. further, as per para 19.2 of chapter v of the handbook of returning officers published by the election commission clearly laid down that no column of the affidavit should be left blank or filed by just tick .....

Johny Nelloor Vs. Jose thettayil

Court : Kerala

..... i) the respondent was holding an office of profit under the state government and therefore he was disqualified under article 191 of the constitution of india from contesting the election, (ii) there is gross violation of s.38 of the representation of the people act , 1951 (hereinafter referred to as act ) and the conduct of election rules in preparing the list of candidates and (iii) in the election campaign the respondent used a poster showing him standing before the newly put up ksrtc bus stand at angamaly and thereby took undue advantage of t6he same. 3. the allegations in brief are that at the time of filing of nomination ..... court. s.80 stipulates that no election can be called in question except by an election petition presented in accordance with the provisions of the act. s.80a clothes the high court to try an election petition. s.81 deals with ..... have to be specifically pleaded that by virtue of the violation of the provisions of the act and the rules, the election of the respondent has been materially affected. there is no such pleading and therefore, the petition has to fail at the threshold itself. it is also pointed out that there is no triable issue as could be gathered from the pleadings in the case. 8. part vi chapter ii deals with presentation of election petition and its trial by the high .....

Kavitha Mahesh Vs. Chief Election Commissioner and Commissioners and O ...

Court : Karnataka

..... impression that this election petition should be disposed of within the period of five years from the date of declaration of results for retention of documents or records, particularly having regard to the provisions of section 86(7) of the representation of people act, 1951, reading as under: 86. trial of election petitions:- xxx (7) every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which ..... manner of conduct of elections by the returning officer but also the manner of retention and disposal of the election papers, particularly the manner of disposal of nomination papers having been provided for in para-10.1 of chapter xviii providing for disposal of election papers, reading as under: disposal of election papers 10.1 the commission has made the following direction under rule 94 of the conduct of elections rules, 1961 for the disposal of election papers ..... submission of learned senior advocate appearing for the applicant-respondent is that the application for recalling pw3 for further cross-examination is more in the context of getting the record marked as document in the present election petition, particularly as the nomination papers of other candidates received by the returning officer and available at the office of the additional district election officer, will have some bearing on the outcome of this case and therefore these two applications are filed. 8. the application .....

Dr. V. Viswanath, Dental Clinic, Chemmad Vs. the Kerala Dental Council ...

Court : Kerala

1. Whether a candidate has to be an 'elector' finding a place in the final voters' list to contest the election to the Dental Council of India under section 3(a) of the Dentists Act, 1948, is the issue involved herein. 2. The petitioner who acquired a degree in BDS (Bachelor of Dental Surgery) from the Government Dental College, Bangalore in the year 1981 set up his practice as a Dental Surgeon in Calicut till 1984 and thereafter shifted his practice to a suburban area called Chemmad in Malappuram district, where he is continuing as such. As per the relevant provisions of law, a qualified Dentist has to be got registered under the Act and the Registration has to be renewed every year as prescribed. The registration of the petitioner was earlier with the Dental Council, Karnataka and was later registered in the Dental Council, Kerala w.e.f. 12.08.1993 as per Ext. P1 certificate of registration. 3. In fact two types of registration are contemplated under the Statute-Part A and Part B as ...

Dr. Shaji K. Joseph Vs. Dr. Viswanath and Others

Court : Kerala

..... , are clear and are un ambiguous. the statute also does not contain provisions similar to ss.3, 4, 5 and 6 of the representation of people act, 1951 which specifically provides that only an elector to the constituency concerned can be a candidate for election. s.85 of the kerala municipality act 1994, s.29 of the kerala panchayath raj act, 1994, rule 35(d)(i) and 35(3)(d) of the kerala co-operative societies act/rules etc. also contain similar qualification for contesting elections. when the words of the statute are clear, the court is bound to literally interpret ..... (2) (b), the dental council of india has made the dental council(election) regulations 1952. chapter ii of the regulations, provide for the election to the council under section 3(a) of the act. regulation 3 provides for publication of preliminary electoral roll, filing of objections and publication of final electoral roll. regulation 4 provides for fixation of dates for various stages of election. regulation 5 provides for nomination of candidates and regulation 9 provides for scrutiny of nomination papers. regulation 11 provides for poll and regulation 17 provides for declaration of results. 8. section .....

Ashok Shankarrao Chavan Vs. Madhavrao Kinhalkar and ors.

Court : Delhi

..... ) wherein the commission has expressed the view that it has jurisdiction under section 10a of the representation of people act, 1951 (for brevity the 1951 act) to embark upon the issue of alleged incorrectness or falsity of the return of election expenses maintained by the respondent, a candidate in election, under section 77(1) and 77(2) lodged by him in exercise of power under section 78 of the 1951 act. 2. as a pure question of law arises, we shall refer in brief to the facts of the case. the petitioner was a returned candidate at general election to the maharashtra legislative assembly held in september-october, 2009 from 85, bhokar ..... from the date of the order." [underlining is ours] 7. sections 77 and 78, which occur in chapter 8 that deals with election expenses, are as follows: - "77. account of election expenses and maximum thereof. - (1) every candidate at an election shall, either by himself or by his election agent, 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, both dates inclusive. explanation .....

Ramesh Rout Vs. Rabindra Nath Rout

Court : Supreme Court of India

Reported in : 2012(1)KLT21(SN); 2012(1)SCC762; 2012(1)SCJ567; AIR2012SCW297; AIR2012SC329

the returned candidate -- ramesh rout - whose election to the 14th orissa legislative assembly from 89-athagarh assembly constituency has been set aside by the high court of orissa has preferred these two appeals under section 116a read with section 116c of the representation of the people act, 1951 (for short, `the 1951 act').2. the election commission of india (for short, `commission') in order to constitute 14th legislative assembly announced general elections in the state of orissa to be held in two phases on ..... signature or signature by means of rubber stamp, etc. of any such office bearer or authorised person shall be accepted and no form transmitted by fax shall be accepted. 24. chapter vi of the handbook deals with the scrutiny of nominations by the returning officer. para 2 emphasises that scrutiny of nomination papers is an important quasi-judicial function and the returning officer has to discharge this duty with complete judicial detachment and in accordance with the highest judicial standards. ..... material facts and particulars relating to alleged corrupt practice in the election petition are not complied with.54. in hari shanker jain v. sonia gandhi5, this court reiterated the mandatory provision contained in section 83(1)(a) of the 1951 act and observed therein that the material facts required to be stated are those facts which can be considered as materials supporting the allegations made. in other words, this court said that they must be such facts as would afford .....

Kumar.P Vs. Sarubala R.Thondaiman and ors.

Court : Chennai

..... vote which is void, or(iv)by any non-compliance with the provisions of the constitution or of this act or of any rules or orders made under this act,[the high court] shall declare the election of the returned candidate to be void.]"section 129 of the representation of the people act, 1951 reads as follows:129.officers, etc., at elections not to act for candidates or to influence voting.-(1)no person who is [a district election officer or a returning officer,] or an assistant returning officer ..... notification on 17.4.2009 notifying the schedule of election for constituting 15th house of people (lok sabha). as per the poll schedule announced, the nomination of candidates was to be made on 24.4.2009. the scrutiny of nominations was to be done on 25.4.2009 and the last date for withdrawal of nominations was on 7.5.2009. the date of polling for electing the candidates for the house of people (lok sabha) was fixed on 13.5.2009. casting of votes as well as ..... act or of any rules or orders made under the act, the result of the election, insofar as it concerned the returned candidate, was materially affected. 22.as already stated, in the present case, the allegation of the election petitioner is that the returning officer failed to circulate the attested signatures of his election agent to various polling stations and, therefore, failed to comply with para 12 of chapter vii of the handbook for the returning officers. the pleadings in the election petition, in relation to grounds (i .....

Afjal Imam. Vs. State of Bihar and Others.

Court : Supreme Court of India

..... of t.l. venkatarama aiyer, p.b. gajendragadkar and a.k. sarkar jj.) was dealing with a matter concerning the election to the legislative assembly of the then state of madras held in the year 1957. in this case arising under the representation of the people act, 1951, the supreme court held that if the returning officer had rejected a nomination paper of a candidate on one disqualification, it was open for the election tribunal to find the rejection proper on some other ground of disqualification which may not have been raised before the returning officer. it was pointed out that if ..... lighting, parking lots, bus stops and public conveniences.18. regulation of slaughter houses and tanneries.26. the scheme of the bihar municipal act, 2007 the provisions of the bihar municipal act, 2007 will have to be looked into on this background. the act is a detailed act running into 488 sections which are divided into viii parts and 44 chapters and they govern all the aspects of municipal governance and administration. part i contains the preliminary provisions. part ii deals with the constitution of the government of the municipal bodies some of which provisions we .....

Sri Radhy Shyam (Dead) Through L.Rs. and Others. Vs. State of Uttar Pr ...

Court : Supreme Court of India

1. Leave granted.2. This appeal is directed against order dated 15.12.2008 passed by the Division Bench of the Allahabad High Court whereby the writ petition filed by the appellants questioning the acquisition of their land for planned industrial development of District Gautam Budh Nagar through Greater NOIDA Industrial Development Authority (hereinafter referred to as the, "Development Authority") by invoking Section 17(1) and 17(4) of the Land Acquisition Act, 1894 (for short, "the Act"), as amended by Uttar Pradesh Act No.8 of 1974, was dismissed.3. Upon receipt of proposal from the Development Authority for acquisition of 205.0288 hectares land of village Makora, Pargana Dankaur, Tehsil and District Gautam Budh Nagar, which was approved by the State Government, notification dated 12.3.2008 was issued under Section 4(1) read with Section 17(1) and 17(4) of the Act. The relevant portions of the notification are extracted below:"Under Sub-Section (1) of Section 4 of the Land Acquisiti...