Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.104 OF2015ANOOP BARANWAL PETITIONER VERSUS UNION OF INDIA RESPONDENT WITH WRIT PETITION(CIVIL) No.1043 OF2017WRIT PETITION(CIVIL) NO.569 OF2021AND WRIT PETITION(CIVIL) NO.998 OF2022JUDGMENT K.M. JOSEPH, J.INDEX A. THE CASES: THE FOUR WRIT PETITIONS ......................................................................................... 3 B. THE SUBMISSIONS OF THE PETITIONERS; SHRI GOPAL SANKARANARAYANAN, LEARNED SENIOR COUNSEL IN WRIT PETITION (C) No.1043 OF2017............................................................................... 7 C. SUBMISSIONS ON BEHALF OF SHRI PRASHANT BHUSHAN, LEARNED COUNSEL ON BEHALF OF PETITIONER IN WRIT PETITION (CIVIL) No.104 OF2015 .................................................................... 11 D. SUBMISSIONS BY SHRI JAYA THAKUR, PETITIONER IN WRIT PETITION (CIVIL) No.998 OF202216 E. SUBMISSIONS OF SHRI KALEESWARAM RAJ, LEARNED COUNSEL FOR THE I...
Tag this Judgment!Court : Patna
Ravi S. Dhavan, C.J. 1. India's claim that it is the world's largest democracy is not a statement which can be made with pride for all times to come. Unless some factors are checked, and immediately, this will become a hollow claim, because the contents of democracy are beginning to be eroded.2. This is election time, all over the nation. Reporting in both print and broadcast media reveal; how this democracy is functioning. The election in Bihar has come in for much comment. If there is any serious critic who may say that the atmosphere is principled and ideal and all the voters came to vote, then these proceedings must be dropped. But is this the case?3. The pulse of the people in a Democracy is the free press, and this election has been given a gruesome face by the Press. This Court has noted reports from the period, when the elections were announced. From then until today there has been brutality, violence and death. Death by violence seems a mundane exercise. The tragedy is only ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All511
ORDER1. These two applications are under Article 226 of the Constitution. They are connected in the sense that both of them arise out of nomination of candidates for election--in one case for the election to the State Legislative Assembly and in the other to the House of the People--and the constitutional point which arises for consideration is common. We propose to decide the two applications together. 2. The applicant in civil Misc. Appln. No. 861 of 1951, Sri Rudra Pratap Narain Singh was one of the six candidates for the Kaisarganj North constituency in the district of Bahraich. He is enrolled as a voter in another constituency known as Bahraich West and his case was governed by Sub-section 6 of Section 33, Representation of the People Act (XL II [43] of 1951) which provides that : 'If at the time of presentation of the nomination paper the Returning Officer finds that the name of the candidate is nor, registered in the electoral roll of the constituency for which he is the returni...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP428; 2005(4)ALD485
ORDERV. Eswaraiah, J.1. Heard Sri P. Sri Raghuram, learned Counsel appearing for the Petitioner, Government Pleader for GAD and HMA, Sri E.V. Bhagiratha Rao and Sri Upendra Chakravarthy, learned Counsel appearing for the respondents 1 to 3 respectively.2. Petitioner and Respondents 2 and 3 contested in the elections held to a member of the Andhra Pradesh Legislative Assembly in the 32-Anakapalli Assembly Constituency. The Election notification was published on 24.3.2004 notifying the dates for filing nominations, scrutiny of the nominations, withdrawal of nominations, poll day for casting votes and the date of declaration of results. The last date for filing nominations was notified as 31.3.2004, the date of scrutiny of nominations was 2.4.2004, the date of withdrawal of nominations was 5.4.2004 and the poll date was scheduled on 20.4.2004.3. Petitioner is the Telugu Desam Party candidate, the second respondent is the Congress Party candidate and the third respondent is an independent ...
Tag this Judgment!Court : Delhi
$~14 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C)No.7374/2017 and CM Nos.30434-36/2017 Date of decision :24. h August, 2017 SATYA NARAYAN PRASAD ........ Petitioner Through :... Petitioner in person. versus UNION OF INDIA & ORS ........ RESPONDENTS Through : Mr. Arun Bhardwaj, CGSC. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE This writ petition purporting to be in public interest states in 1. para (iv) of the grounds that the petitioner wants that this method of Election for member of Rajyasabha should be changed modified and reconsidered by Election Commission as well as by the ministry of Law and Justice, govt. of India. Wherein the govt. of India and Election Commission of India should frame/pass rules and regulations in this context that defeated leader in Loksabha/Vidhan Sabha Election cannot be elected as member of Rajyasabha and also cannot be appointed as the minister of the ruling ...
Tag this Judgment!Court : Supreme Court of India
LOK PRAHARI, THROUGH ITS GENERAL SECRETARY S.N. SHUKLA ... Petitioner Versus UNION OF INDIA & OTHERS ... Respondents JUDGMENT IN THE SUPREME COURT OF INDIA Reportable CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.784 OF2015Chelameswar, J.1. The petitioner is a registered society under the Societies Registration Act. It is stated in the petition that most of the members of the society are retired civil servants. In the past, some of them have held important constitutional offices and, therefore, they have the requisite locus standi. The genuineness of their concern for the democracy of this country, in our opinion, is beyond any doubt.2. A clean and fair electoral process is a sine qua non for any democracy. Rights and obligations associated with the electoral process, engaged the attention of democratic civil societies and their legislative bodies from time to time. Regulation of the right to vote or the right to contest elections and matters incidental thereto felt necessary. Democ...
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT809
ORDERThottathil B. Radhakrishnan, J.1. Petitioner, an elector, challenges the election of the respondent to the Kerala Legislative Assembly from No. 56 -- Kunnamkulam Assembly Constituency, in the election held on 29.04.2006.2. Going by the pleadings in the election petition, the respondent, Babu M. Palissery, son of Chinnappan Nair, Mullath House, is included at Serial No. 802 in the electoral roll of No. 55 -Vadakkancherry Assembly Constituency of the Kerala Legislative Assembly.3. According to the petitioner, the above inclusion 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...
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker190
M.S. Menon, Ag. C.J.1. The question referred for decision by the Division Bench hearing the Election Appeal relates to the finality of the electoral roll before an Election Tribunal. The question in -the words of the order of reference -- is whether in the-case of a person whose name appears in the electoral roll and who has exercised his vote, the Election Tribunal can go into the question whether or not who had attained the age of twenty-one on the qualifying date, and, on the finding Shat he had not. exclude his vote from the count, or whether under the scheme underlying the relevant provisions of the Constitution, of the Representation of the People Act, J.950, and of the Representation of the People Act 1951, the ques-tion of age is to be finally decided at the regis-tration so that capacity or incapacity on that account is conclusively determined by inclusion in or exclusion from the roll.2. The answer to the question depends essentially on the true scope and meaning of Article 3...
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi265
Yogeshwar Dayal, J.(1) This is a petition under Article G 226 of the Constitution of India on behalf of Shri Mohinder Singh Gill, a Congress candidate from the '13-Ferozepore Parliamentary Constituency, Punjab' and Shri Nasib Singh, a voter and supporter of petitioner No. 1, for quashing the notification dated 22nd March, 1977, issued by the Election Commission of India, ordering the cancellation of poll held in the aforesaid Constituency and ordering the repoll in the entire aforesaid Parliamentary Constituency. A writ of mandamus is also prayed for directing the Chief Election Commissioner and Shri Gurbachan Singh, a Deputy Commissioner and Returning Officer, Ferozepore, (respondents 1 and 2 respectively) to declare the result of the election. In the alternative, it was prayed that writ of mandamus may be issued directing respondents No. 1 to act strictly in accordance with the provisions of Section 64A(2) of the Representation of the People Act, 1951 (43 of 1951), hereinafter referr...
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj292
Bhagwati, J.1. Yesterday, on the conclusion of the arguments, we passed an order allowing the petition and making the rule absolute by issuing a writ of certiorari quashing and setting aside the order of the first respondent dated 12th January 1967. We now proceed to state our reasons for making the order.2. The Petitioner is the erstwhile Ruler of the quondam State of Wadhwan. Though according to the petitioner, he was ordinarily resident in Wadhwan, his name did not appear in the electoral roll for the Wadhwan Assembly Constituency and he, therefore, made an application to the Electoral Registration Officer for inclusion of his name in the electoral roll of the Wadhwan Assembly Constituency under Section 23 of the Representation of the People Act, 1950. The application was on a printed form which was supplied by the Electoral Registration Officer on a request being made in that behalf, and it was supported by one Trambaklal Mohanlal Dave, who was an elector on the electoral roll of t...
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