Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter iii other disqualifications Court: chennai Page 1 of about 17 results (0.074 seconds)

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 .....

K. Anbazhagan and ors. Vs. the Secretary,

Court : Chennai

Reported in : AIR1988Mad275

..... could claim a privilege with regard to its own constitution and having regard to the express provisions in the constitution and the provisions of, the representation of the people act, none of those three privileges could be claimed by the legislative assembly in india.37. the question which necessarily falls for consideration therefore is ..... india because the manner and the procedure for its constitution are regulated by the express provisions of the constitution of india and the provisions of the representation of the people act. the sheet anchor of the argument advanced on behalf of the petitioners is the observation made by the supreme court in the u. p. ..... does not refer to a conviction under the prevention of insults to national honour act.30. a reference was made by mr. raghavan to section 11 of the representation of people act, 1951, which reads as follows: - '11 removal or reduction of period of disqualification - the election commission may, for reasons to be recorded, remove .....

Dr. V.K. John Vs. G. Vasantha Pai and anr.

Court : Chennai

Reported in : AIR1957Mad320

..... and it is in this chapter ii that section 125 dealing with illegal practices occurs, the result, is, from the date of the coming into force of the representation of the people (second 'amendment) act, 1958, no election petition" can include a charge of the commission of an illegal practice. the most material section, however, of the ..... or poster. but it is clear to us that three of them are circulars. mr. nambiar relied upon decisions in which the corresponding provision in the representation of the people act in england was construed; but the words used in the english statute are "any bill, placard or poster" and the decisions turned upon the interpretation ..... corrupt practices specified in paragraphs 8 and 11 of the petition. the illegal practice specified in paragraph 12 was that mentioned in section 126(3) of the representation of the people act, 1951 (xliii of 1951), hereinafter referred to as the "act".particulars of the illegal practice were given in schedule d to the petition. briefly .....

Thirubhuvanam Silk Handloom Weavers' Co-operative Production and Sales ...

Court : Chennai

Reported in : (1992)2MLJ260

..... the united kingdom where a parliamentary election petition is tried by two judges on the rota for the trial of parliamentary election petitions in accordance with the representation of the people act, 1949. section 5 of article 1 of the u.s. constitution provides that each house (senate and the house of representatives) shall be the ..... the difficulty in accepting this argument is that in part (i) of clause (4) the constituent authority expressly stated that the previous law, namely, the representation of people act as amended in so far as it related to election petitions and matters connected therewith was not to apply so far as the challenge to the election ..... of the house is the trial of controverted elections was transferred by statute to the courts of law. the present procedure is contained in the english representation of the people act, 1949. the trial is confided to judges selected from the judiciary. provision is made in each case for constituting a rata from whom these judges .....

G. Ramasundaram and ors. Vs. the Inspector of Panchayats (District Col ...

Court : Chennai

Reported in : (1968)1MLJ318

..... of, or comprise, the village or town or any portion of the said village or town have beer, published, revised or amended in pursuance of the representation of the people act (xliii of 1950) any person authorised by the prescribed authority in this behalf shall publish in such manner as the government may direct, the portions ..... decisions requiring guidance of the legislature, being left to the executive under the impugned rules 11 and 13.9. learned counsel refers to provisions of the representation of people acts (xliii of 1950 and xliii of 1951), and points out that these acts specifically provided not only for the secrecy of ballot but also for ..... provided inter alia for the governor-general to make rules with respect to the conduct of elections including the application to elections of the principle of proportional representation by means of the single transferable vote, and rules to regulate election, where certain of the seats to be filled are reserved for members of the scheduled .....

Pon Paramaguru, Director General of Police (Retd.) Vs. State of Tamil ...

Court : Chennai

Reported in : 2006(2)CTC241; (2006)3MLJ129

..... elections, is carried out by the designated officers of the state governments concerned. it is felt that the provisions of the representation of the people act, 1950 and the representation of the people act, 1951, in this regard should be clearly defined so that during the relevant period, these officers would, while discharging functions ..... is also to be noted that in the counter affidavit of the election commission reference has been made to section 13cc of the representation of the people act, 1950.21. the representation of the people act, 1950, hereinafter referred to as r.p.act, 1950, is an act to, inter alia, provide for the ..... various powers relating to control of the election commission over any particular civil servant are covered by various provisions contained in the representation of the people act, 1950 and the representation of the people act, 1951 and other statutory rules and the election commission can exercise its authority only within the parameters of such provisions .....

M. Samayamuthu Vs. the Secretary to the Government, Government of Tami ...

Court : Chennai

Reported in : (2009)1MLJ289

..... through publishing and circulating leaflets. section 123(5) and 124(5) of the representation of the people act 1951, were challenged as ultra vires article 19(1)(a) of the constitution, submitting that the provisions of the representation of the people act interfered with a citizen's fundamental right to freedom of speech. repelling the contention ..... guaranteed by the constitution. part ix of the constitution confers certain powers on local self-government. it promises duration of five years, free and fair election, representation of scheduled castes and scheduled tribes in the administration of institutions of local self-government, no interference by other organs of the state, including judiciary, etc. ..... offices are entrusted with certain powers to be exercised in public interest alone and, therefore, the office is held by them in trust for the people. any deviation from the path of rectitude by any of them amounts to a breach of trust and must be severely dealt with instead of being .....

C. Kuppusamy Vs. Chief Election Commissioner, Election Commission of I ...

Court : Chennai

Reported in : 2007CriLJ3483; (2007)5MLJ67

..... of oath; that this respondent has not taken oath beyond two constituencies and an invalid nomination is not a nomination within the meaning of the representation of people act, 1951.17. the 7th respondent would further narrate a precedent wherein a candidate, who contested from the amethi parliamentary constituency in uttar pradesh, ..... the general election from more than two constituencies, she would prima facie appear to have violated the provisions of section 33(7) of the representation of the people act, 1951, for making false declaration before the returning officers of 66-bhuvanagiri and 191-pudukkottai assembly constituencies when she filed her nomination papers ..... filed her nomination papers in four assembly constituencies viz. andipatti, dharmapuri, bhuvanagiri and pudukkottai, in contravention of section 33(7)(b) of the representation of the people act, 1951, and had given declarations that she had not been or would not be nominated as a candidate for more than two constituencies, .....

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

Court : Chennai

..... the supreme court in tukaram s. dighole v. manikrao shivaji kokate reported in (2010) 4 scc 329 for contending that the charge of corrupt practice envisages by the representation of people act is to be equated with the criminal charge. therefore, the standard of proof that is required is not preponderance of probabilities as in civil action, but the ..... 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 ..... 4 of 2009 was presented by the first respondent in this application under section 81 read with s.100(1)(d)(iii) and (iv) and section 129 of the representation of peoples act 1951 (for short rp act). the petition was presented on 29.6.2009. thereafter, the matter was assigned to this court by the hon'ble chief justice .....

Dr. Subramanian Swamy Vs. J. Jayalalitha and ors.

Court : Chennai

Reported in : (1994)1MLJ314

..... is dismissedtis not maintainable as the question whether the writ petitioner has become subject to the disqualification under article 191 read with section 9-a of the representation of the peoples act,1951, has to be gone into by the election commission as per article 192(2) of the constitution. all the contentions of the writ petitioner ..... minds of the litigant or the public at large, the reasonable doubt about the fairness of the administration of justice.27. under section 146(1) of the representation of the peoples act, 1951, the election commission enjoys the power to require any person, subject to any privilege, which may be claimed by that person, under any law ..... petitioner has become subject to any of the disqualifications mentioned in clause (1) of article 191 of the constitution read with section 9-a of the representation of the people act should not have been gone into by the learned single judge when the same question is pending before the election commission under article 192(2) .....