Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter iii other disqualifications Page 1 of about 375 results (0.057 seconds)

Lily Thomas Vs. Union of India and ors.

Court : Supreme Court of India

..... judgement a. k. patnaik, j.these two writ petitions have been filed as public interest litigations for mainly declaring sub-section (4) of section 8 of the representation of the people act, 1951 as ultra vires the constitution. the background facts 2. the background facts relevant for appreciating the challenge to sub- section (4) of section 8 of ..... in exercise of this power conferred under article 102(1)(e) and under article 191(1)(e) of the constitution, parliament provided in chapter-iii of the representation of the people act, 1951 (for short the act ), the disqualifications for membership of parliament and state legislatures. sections 7 and 8 in chapter-iii of the act, with ..... practicing advocate in the patna high court and has filed this writ petition as a public interest litigation challenging sub- section (4) of section 8 of the representation of the people act, 1951 (for short the act ), as ultra vires the constitution.2. this writ petition was heard along with w.p.(c) no.490 of .....

Shrikant Vs. Vasantrao and ors.

Court : Supreme Court of India

Reported in : AIR2006SC918; 2006(2)ALT44(SC); (2006)108BOMLR320; JT2006(1)SC394; 2006(2)MhLj1; 2006(I)OLR(SC)393; 2006(1)SCALE344; (2006)2SCC682; 2006(1)LC357(SC)

..... on the grounds of equity or logic or perceived legislative intention. a combined reading of article 191 of the constitution of india and chapter iii of the representation of the people act, 1951 makes it clear that a person can be held to be disqualified for being chosen as, and for being, a member of the legislative ..... is not generally permissible.we think that the language as well as the legislative history of articles 171 and 173 of the constitution and section 6 of the representation of people act, 1951, enable us to presume a deliberate omission of the qualification that the representative of the graduates should also be a graduate. in our opinion, ..... state. apart from specifying four grounds of disqualifications, it provides that a person can be disqualified by or under any law made by the parliament. the representation of the people act, 1951, a law made by the parliament, has introduced six disqualifications for a person being chosen as and for being member of legislative assembly of .....

S. Rukmini Madegowda Vs. The State Election Commission

Court : Supreme Court of India

..... would amount to corrupt practices , entailing disqualification, is evident from sections 35 and 39(ii) of the kmc act, read with section 123(2) of the representation of people act 1951, as interpreted by this court in lok prahari (supra).59. it is not in dispute that the appellant had suppressed information with regard to the ..... this court directed that rule 4a and form 26 appended to the conduct of elections rules, 1961, hereinafter referred to as the 1961 rules 11 framed under the representation of people act shall be suitably amended requiring candidates and their associates to declare their sources of income. this court further observed: 81. for the very same logic as ..... on the grounds of equity or logic or perceived legislative intention. a combined reading of article 191 of the constitution of india and chapter iii of the representation of the people act, 1951 makes it clear that a person can be held to be disqualified for being chosen as, and for being, a member of the legislative .....

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

Reported in : 2000VAD(Delhi)749

..... of s.12. there are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the people act, 1951, entitled 'disqualification for membership of parliament and state legislatures' and chapter iv entitled 'disqualifications for voting' contain provisions which disqualify persons convicted ..... even in proviso (a) to article 311(2) of the constitution of india. section 12 of the probation of offenders act, 1958 may modify the representation of peoples act or administrative practice. but it cannot modify a constitutional provision. if it is construed to modify proviso (a) to article 311(2) of the ..... law. 3. such a person is not entitled to pension or other pensionary benefits.' 8. on the 7th of august, 1994, the petitioner had made a representation to the ministry of defense. on the 11th of august, 1994, the record officer, oic records passed the following order: re-instatement into service. 1. .....

Amar Lal Arora Vs. Vice Chancellor Delhi University and anr

Court : Delhi

..... section 12. there are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the people act, 1951, entitled "disqualifications for membership of parliament and state legislatures" and chapter iv entitled "disqualifications for voting" contain provisions which disqualify persons ..... submitted by counsel for the respondent that in any case the university has taken a view in the matter and passed an order on the representation of the petitioner dated 29th december, 2009 and thus no contempt has been committed by the respondent. at this stage, counsel for the petitioner ..... section 12 of the probation of offenders act, 1958, the petitioner will not suffer any disqualification on this ground. the university will now consider the representation of the petitioner in the light of section 12 of probation of offenders act, 1958.10 accordingly, the present revision petition stands disposed of."2. .....

Shri Chandra Shekhar Mandal Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Patna

..... " within the meaning of section 12. there are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the peoples act, 1951 entitled "disqualifications for membership of parliament and state legislatures" and chapter iv entitled "disqualifications for voting" contain provisions which disqualify persons convicted of certain charges from being .....

N. Sengodan Vs. Deputy Commissioner of Police and Inspector General an ...

Court : Chennai

..... ' within the meaning of section 12. there are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the people act, 1951, entitled 'disqualifications for membership of parliament and state legislatures' and chapter iv entitled 'disqualifications for voting' contain provisions which disqualify persons convicted of certain charges from being ..... we hereby draw the attention of parliament to step in and perceive the large many cases which per law and public policy are tried summarily, involving thousands and thousands of people throughout the country appearing before summary courts and paying small amounts of fine, more often than not, as a measure of plea-bargaining. foremost among them being traffic, municipal and .....

Shankar Dass Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1985SC772; 1985(33)BLJR340; [1985(51)FLR68]; 1985LabIC590; (1985)IILLJ184SC; 1985(1)SCALE391; (1985)2SCC358; [1985]3SCR163; 1985(2)SLJ454(SC)

..... ' within the meaning of section 12. there are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the people act, 1951, entitled 'disqualifications for membership of parliament and state legislatures' and chapter iv entitled 'disqualifications for voting' contain provisions which disqualify persons convicted of certain charges from being ..... of law, we have an uneasy conscience. delay not only defeats justice and robs it of its immediate relevance to the parties but it shakes the very confidence of the people in the desire and ability of law courts to assist them when they need that assistance most.2. the appellant was retrenched by the ministry of rehabilitation, government of india .....

Bheru Singh Rathore Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2003(3)Raj1409; 2003(3)WLC481

..... under articles 190(3) and 191(1), his election for such a disqualification is not liable to be challenged under article 329(b) read with section 5 of the representation of people act, 1951. thus, it follows that disqualifications covered by articles 190(3) and 191(1) do not fall within the scope of article 329 of the constitution. ..... arose as to whether or not the respondent was disqualified to be elected as a member of the legislative assembly since he had incurred disqualification under the representation of the people act as five years had not elapsed from the date of his release when he stood for elections. the matter was referred by the speaker of the ..... supreme court that the term 'election' as occurring in article 329 connotes the entire process of election form the issue of the notification under section 14 of the representation of people act, 1951 to the declaration of the result under section 66 of the act.18. the aforesaid decision of the supreme court in ashok kumar's case ( .....

Manohar Lal Sharma Vs. Union of India

Court : Delhi

..... vice-president; the election commission. 13.we may also notice here certain acts passed under this entry, which are as follows: a) the representation of the people act, 1950; b) the representation of the people act, 1951; c) the delimitation act, 1972; d) the presidential and vice-presidential elections act, 1952; and e) some portions of ..... an elector."4. validation.-- notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, the provisions of the representation of the people act, 1951 (43 of 1951), as amended by this act, shall have and shall be deemed always to have effect for all purposes as ..... justice hon'ble mr. justice manmohan judgment n.v. ramana, chief justice:1. the present writ petition has been filed challenging the constitutional validity of the representation of the people (amendment and validation) act, 2013 (for short, impugned amendment and validation act, 2013) as being ultra vires the constitution of india (for short, the .....