Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter vi multiple elections Page 1 of about 187 results (0.510 seconds)

Yeshvantarao Balwantrao Chavan Vs. K.T. Mangalmurti and anr.

Court : Mumbai

Reported in : AIR1958Bom397; (1958)60BOMLR353; ILR1958Bom732

..... . but, in our view, what has been stated in that case with regard to election, may well apply to an election contemplated under the representation of the people act, 1951.9. the principal question which arises for decision is as regards the proper construction of the i expression 'all the contesting candidates' ..... according to the second respondent, materially affected the result of the election. further, he complained of non-compliance with the provisions of the constitution, the representation of the people act, 1951, and the rules and the orders made thereunder. the second respondent', therefore, claimed a declaration that the said election of the petitioner ..... withdrew his candidature before the date fixed for withdrawal and then the returning officer published a list of contesting candidates under section 38 of the representation of the people act. there is ho dispute that that list included the names of the petitioner, the second respondent and two other candidates viz., mahomed .....

Dadi Veerahadra Rao Vs. Returning Officer, Constituency No. 32, Anakap ...

Court : Andhra Pradesh

Reported in : AIR2005AP428; 2005(4)ALD485

..... candidate is improperly rejected or accepted by reason of his incurring disqualification either on account of non-compliance of the provisions of the constitution of india, representation of the people act, 1951 and the orders and the rules made thereunder or for the reason that he is not qualified to be chosen, in all those cases ..... in the same constituency?2. whether there is valid and legally sustainable scrutiny of five nominations filed by second respondent under section 36(2) of the representation of the people act, 1951?3. whether the election of the second respondent is void for improper acceptance of the nomination materially affecting the result of the election?4. ..... were accepted.4. the case of the petitioner is that the returning officer can accept only four nominations as per the section 33(6) of the representation of the people act, 1951 (for short 'the act'). since four nominations out of the five filed by the second respondent had been rejected the question of accepting .....

Krishna S/O Panchamrao Khopade Vs. Satish S/O Jhaulal Chaturvedi and o ...

Court : Mumbai

Reported in : 2007(6)ALLMR96

..... order to fill up the vacuum left due to non-legislation by parliament. it is high time that the parliament should consider amending the representation of the people act, 1951 by incorporating disqualification of the candidate for furnishing wrong or incomplete information and suppressing material information about the assets and liabilities of ..... of india had undertaken comprehensive study of the measures required to expedite hearing of election petitions and to have a thorough review of the representation of the people act, 1951 so as to make the electoral process more fair, transparent and equitable. the law commission made recommendation for debarring a ..... been materially affected. he submitted that the nomination paper filed by r-1 was rightly accepted by r-10. he submitted that neither the representation of people act, 1951 nor the rules, orders, instructions issued thereunder contained any provision regarding disqualification of a candidate due to filing of defective affidavit or .....

Mohinder Singh Gill and anr. Vs. the Chief Election Commissioner, New ...

Court : Supreme Court of India

Reported in : AIR1978SC851; (1978)1SCC405; [1978]2SCR272

..... found elsewhere, reference may be made to section 19a of the act which,, in terms, refers to functions not only under the representation of the people act, 1950 and the representation of the people act, 1951, or under the rules made thereunder, but also under the constitution. the commission is, therefore, entitled to exercise ..... argument as without merit, despite the great dialectical ingenuity in the submission. in this connection the learned judge observed :under section 36 of the representation of the people act, 1951, it is the duty of the retaining officer to scrutinize the nomination papers to ensure that they comply with the requirements of ..... adopted by fazal ali, j. in ponnuswami. : [1952]1scr218 . he explained :the concept of democracy as visualised by the constitution presupposes the representation of the people in parliament and state legislatures by the method of election. and, before an election machinery can be brought into operation, there are three requisites which require .....

P.A.Mohammed Riyas Vs. M.K.Raghavan and ors.

Court : Supreme Court of India

..... .k. raghavan, who was the returned candidate from the said constituency, by way of an election petition filed under section 81 read with sections 100, 101 and123 of the representation of the people act, 1951, hereinafter referred to as the "1951 act". the appellant contested the election as the official candidate of the communist party of india (marxist), hereinafter referred to as .....

NaraIn Chand Prashar Vs. Prem Kumar Dhumal and ors.

Court : Himachal Pradesh

Reported in : AIR1993HP84

..... and by other persons, with the consent of returned candidate and his election agent; (c) the improper reception and rejection of votes; and (d) violation of rules made under the representation of people act, 1951 (hereinafter called as 'the act').3. the corrupt practices alleged are: (a) bribery; (b) undue influence; (c) appeal on the ground of religion and caste; (d) promotion ..... the petition does not disclose any cause of action and is liable to be dismissed for the non-compliance of the provisions of sections 83 and 86 of the representation of the peoples act, 1951?opr1 4. what is the effect of the non-productionof tape-recorded cassette recording thealleged speech of sadhvi ritambra and thenon-supply of its copy to respondent .....

Smt. Indira Nehru Gandhi Vs. Shri Raj NaraIn and anr.

Court : Supreme Court of India

Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347

..... . the constitutions and laws of several countries leave the decision of election disputes to the judgment of the legislatures themselves. the history of the representation of the people act, 1951 as also various articles in our constitution show that judicial review can be excluded in appropriate cases as a matter of policy, ..... it is noticeable that no english case could be cited where any attempt was made by the british parliament to circumvent section 107 of the representation of the people act. 1949, which lays down:section 107. method of questioning parliamentary election.(1) no parliamentary election and no return of parliament shall be ..... iii of the constitution.40. where invalid elections declared by reason of corrupt practices have been validated by changing the definition of corrupt practices in the representation of the people act, 1951 retrospectively the original judgment is rendered ineffective. (see kanta kathuria v. manak chand surana : [1970]2scr835 .41. our federal court .....

Mrs. Kavitha Mahesh Vs. Chief Election Commissioner and Others

Court : Karnataka

..... as under:decision of returning officer accepting or rejecting the nomination paper.i have examined this nomination paper in accordance with section 36 of the representation of the people act, 1951, and decide as follows:date:.. returning officerdoes indicate that the returning officer has the discretion to reject a nomination paper even ..... is warranted to ensure fair-play, equal opportunity and practical possibilities of adhering to the procedure.an election petition though is a creature of the representation of people act, 1951, and being a petition at the instance of an aggrieved persons with regard to the validity of the declaration of election result, ..... paper at the threshold by the 4threspondent is illegal and improper and direct r1 to initiate suitable disciplinary action against r4 as per provisions of representation of people act. 1951 so that it serves as a deterrent and discourage such officers from violating the statutory law and helps in upholding the constitutional rights .....

Era Sezhiyan Vs. T.R. Balu and Others

Court : Supreme Court of India

Reported in : AIR1990SC838; JT1990(1)SC392; 1990(1)SCALE377; 1990Supp(1)SCC322; [1990]1SCR767

..... .6. before going into the controversy raised before us, we may note the relevant provisions of the election law. the election petition was filed under chapter-ii of the representation of the people act, 1951 (hereinafter referred to as 'the said act'). section 59 of the said act provides that at every election where a poll is taken votes shall be given ..... to the rajya sabha, the said election is by members of the legislative assemblies of the states and the election is an indirect election conducted on the principle of proportional representation by means of a single transferable vote. in the case of elections to the lok sabha and state assemblies, a rubber stamp with arrow cross-mark is provided with which .....

Bimal Kaur Khalsa Vs. Sujan Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1987P& H145

..... where the intention of the elector was to vote in favour of the petitioner. as the election has been held in violation of the provisions of the representation of the people act 1951 and the conduct of election rules, 1961. in particular, r. 39 thereof and the result of the election has been materially affected so ..... me on 11th april, 1986:l. whether the petition is liable to be dismissed for filing the affidavit in due form under s. 83 of the representation of the people act after the expiry of the period of limitation for filing the petition? opr 2. whether the petition does not disclose complete and triable causes of ..... i.e., parliamentary constituency and the assembly constituency, was held on 25th sept., 1985. the district election officers against the provisions of s. 26 of the representation of the people act, 1951 (hereinafter referred to as the i951 act appointed the same presiding officers, polling officers in all the polling stations for parliamentary and assembly constituencies. .....