Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter viia declaration of assets and liabilities Page 4 of about 203 results (0.389 seconds)

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... does not arise. it was submitted, that in the instant judgment also, this court had independently examined, whether the legislative enactment in question, namely, the representation of the people (amendment) act 40 of 2003, indeed violated the basic structure of the constitution. and in so determining, concluded that the question of residence was not a ..... a series of bills, to invalidate the judgment rendered by this court in the jan choukidar case87. this was sought to be done by passing the representation of the people (amendment and validation) act, 2013, within three months of the rendering of the above judgment. it was submitted, that it was wholly misconceived for ..... v. jan chaukidar[87].. it was pointed out, that in the former judgment, this court held as invalid and unconstitutional, section 8(4) of the representation of the people act, 1951, which provided inter alia, that a member of parliament convicted of an offence and sentenced to imprisonment for not less than two years, would .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... would be a disqualification for election to the legislative assembly under section 17 of government of part c states act 1951 read with section 7(d) of representation of the people act, 1951. in the view of the court: from the union government under 4 we are unable to agree that section 3(8) has the ..... interested in contracts with the government and was disqualified for being chosen to the legislative assembly of himachal pradesh. the election tribunal rejected the contention holding that representation of the people act, 1951 was 90 (1955) 1 scr549130 part k not applicable to elections in part c states. the appellant contended that the contracts in which ..... union of india87 ( manoj 85 (1972) 3 scc71786 (2006) 7 scc187 (2014) 9 scc1126 part k narula ). in kuldip nayar, an amendment made in the representation of people act, 1951 was challenged. by the said amendment, the requirement of domicile in the state concerned for getting elected to the council of states was deleted. it was contended .....

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 .....

Brajesh Singh Vs. Sunil Arora

Court : Supreme Court of India

..... the commission of the political activities, programmes and ideologies of political parties. this position gets strengthened by the fact that on 30-6-1994 the representation of the people (second amendment) bill, 1994 was introduced in the lok sabha proposing to introduce section 29-b whereunder a complaint could be made to the ..... 32 of the constitution of india only operates in areas left unoccupied by legislation and in the case at hand, the constitution of india and the representation of the people act, 1951 already contain provisions for disqualification of members of parliament. therefore, directing the election commission to (a) deregister a political party, (b) ..... murder, crime against women including rape, etc. it is in this backdrop that the present contempt petition has to be decided.12. section 8 of the representation of people act, 1951 [hereinafter referred to as the act of 1951 ]., states as follows: 8. disqualification on conviction for certain offences.- (1) a person convicted .....

Anoop Baranwal Vs. Union Of India Ministry Of Law And Justice Secretar ...

Court : Supreme Court of India

..... electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950 (43 of 1950) . under part ii, chapter i deals with qualifications for membership of parliament. chapter ii deals with qualifications for membership ..... roll, if he is disqualified under any law relating to corrupt practices or any other offence in connection with elections.118. in 1951, parliament enacted the representation of the people act, 1951 (hereinafter referred to as, the 1951 act ). 158119. thereunder, the word election has been defined in section 2(d) to mean an ..... to with reference to article 326, the person becomes entitled to be registered as a voter.113. accordingly, it is that parliament enacted in 1950, the representation of peoples act, 1950 (hereinafter referred to as the 1950 act ). part iii provides for electoral rolls for assembly 155 constituencies. section 14(b), as substituted w. .....

Balaji Paper Boards (P) Ltd. and Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(62)ECC631

..... the provisions of rule 9(2) and the provisions of section 11a.the matter before the hon'ble supreme court arose on an election petition under the representation of the people act 1951.there was no provision in the said act permitting intervention of an elector of the constituency in all contingencies of failures of the election petition ..... issued by the central board of excise & customs and collector of central excise.section 11a(2) provides that the asstt. collector of central excise shall, after considering the representation, if any, made by the person on whom the notice is served under sub-section (1). determine the amount of duty of excise due from such person ( ..... state the facts as how the assessee committed fraud or had entered into a collusion or had made wilful mis-statement or what facts were suppressed. the representations continued to be received from the trade that the period of 5 years under section 11a was still being indiscriminately invoked. the board took a serious view .....

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... (i) writ appeals; (j) references under direct and indirect tax laws; (k) matters arising under the sales tax act; (l) election petitions under the representation of the people act; (m) petitions under the companies act, banking companies act and other special acts and (n) wherever the high court has original jurisdiction, suits and other ..... in the country enjoy an original jurisdiction in respect of testamentary, matrimonial and guardianship matters. original jurisdiction is conferred on the high courts under the representation of the people act, 1951, companies act, 1956, and several other special statutes. the high courts, being courts of record, have the power to punish for ..... customs, excise and service tax appellate tribunal (cestat) only on substantial questions of law , it is difficult for us to appreciate the propriety of representation, on behalf of a party to an appeal, through either chartered accountants or company secretaries, before the ntt. the determination at the hands of the .....

Madiraju Venkata Ramana Raju Vs. Peddireddigari Ramachandra Reddy and ...

Court : Supreme Court of India

..... 8th respondent acceptance of the improper nomination of forum-26 application as contemplated despite the fatal omission of blank column under section 100 (1) (d) (i) of representation of the people act, 1951 of the two sets of affidavits of the respondent no.1 kept in blank at column no.8 (b) (iii), where the words stand of ..... of the election petition. the grounds have been articulated in paragraph 11 which reads thus: grounds ignored the 8th respondent has the a). whether constitutional spirit of representation of the people act (act 43 of 1950) and act 43 of 1951 with allied acts, rules, orders, model code of conduct for guidance of candidates supplied by the ..... the election of respondent no.1 on the ground that respondent no.1 had grossly violated several instructions issued by the election commission as also the provisions of the representation of the people act, 1951 (for short, the act ). respondent no.1, in turn, took out two applications seeking to strike out paragraphs 2 & 9 to 11 .....

Karikho Kri Vs. Nuney Tayang

Court : Supreme Court of India

..... )(d)(i) of the representation of the people act, 1951?.8. whether the nature of non-disclosure alleged by the election petitioner is of a substantial nature effecting the election of the returned candidate/respondent no ..... affidavit in form no.26 appended to the nomination paper amounted to commission of corrupt practice of undue influence within the meaning of section 123(2) of the representation of the people act, 1951?.7. whether the election of respondent no.1 to the 44- tezu(st) assembly constituency is liable to be declared void under section 100(1 ..... that the election of karikho kri was void on the grounds mentioned in sections 100(1)(b), 100(1)(d)(i) and 100(1)(d)(iv) of the representation of the people act, 1951 (for brevity, the act of 1951 ). he also sought a consequential declaration that he stood duly elected from the said constituency.3. by judgment and .....

M.Jayanthi Vs. Election Commission of India

Court : Chennai

..... a question as to whether a nomination paper filed by an applicant to enable him to contest an election in terms of the provisions of the representation of the people act, 1951 on the premise that the names of the proposers were forged. the appellant therein filed his nomination paper before the returning officer. the ..... of the returning officer or any other officer specified in the rules. the returning officer rejected the nomination papers.4. section 33(1) of the representation of the people act, 1951, requires that each candidate shall deliver to the returning officer a nomination paper completed in the prescribed from an signed by the candidate and ..... obtain the required attestation amount to a technical defect of an unsubstantial character which the returning officer was bound to disregard under section 36(4) of the representation of the people act, 1951. the answer has been given in paragraph 14 of the said judgement which is usefully extracted here under: "14. that sub-section is .....