Court : Karnataka
Reported in : AIR1965Kant227; AIR1965Mys227; (1964)2MysLJ211
..... seat or any other seat is reserved for the district in the case of assam legislative assembly. thus even in the case of elections under the representation of the people act, a certain territorial nexus is recognised as necessary even for passive franchise, the nature of the nexus necessarily being different from the nexus required ..... in any of the wards of that municipal council or borough. same is the position as regards any constituency of a legislative assembly or even parliament. see representation of people act, the mysore town municipalities act, madras local boards act, etc.(16) for the reasons mentioned above, in my opinion, the decision in gadigeppa's ..... of voters for such municipal borough. explanation : for the purposes of this section, electoral roll shall mean an electoral roll prepared under the provisions of the representation of the people act, 1950.'section 11a reads:'(1) every person whose name is in the list of voters referred to in s. 11 shall, unless disqualified under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All511
..... of the rival candidate or that the result of the election was materially affected by improper rejection of nominations. reference may be made to section 100, representation of the people act of 1951 in order to find a comprehensive lists of matters which might be adjudicated upon by the tribunal. most of the matters mentioned therein no ..... their powers defined. it has to he determined what are elections offences and what are limits of election expenses. a reference to the various provisions of the representation of the people act (xliii [43] of 1951] will show the wide range that has to be covered before elections can actually take plane. it was to enable parliament ..... 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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP1
..... the legislative assembly electoral roll is wholly uncalled for. the provisions in the panchayats act are not subject to the provisions of the representation of the people act, 1950. section 19 of the representation of the people act, 1950 is in consonance with article 326 of the constitution wherein the minimum qualifying age of 21 years is laid down ..... the year in which the voters list is prepared or revised: (b) is ordinarily resident in a gram sabha area within the meaning of section 20 of the representation of the people act, 1950 (no. 43 of 1950) subject to modification that references to 'constituency'' therein were a reference to 'gram sabha area'; and (c) is otherwise ..... this is also clear from clause (c) in sub-section (1) of section 6-a introduced by amendment. except for relying on section 19 of the representation of the people act, 1950, learned counsel could not point out any other provision which prohibits reduction of the age of voter from 21 years to 18 years. learned counsel .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj293; 2001(1)WLC709
..... accepted if part ii is properly filled and subscribed by tenelectors as proposers, as there will be substantial compliance with the provisions of section 33 of the representation of the people act, 1951.(iv) if a candidate, who filed his nomination paper as candidate claiming to be set up by an unrecognised political party, fails to bring ..... as proposers. in either case, his nomination would be valid insofar as the aspect or proposing is concerned.23. consequent upon amendments having been made in the representation of the people acts, 1950 and 1951 by the amendment act, 1996 (act 21 of 1996) with effect from 1.8.1996, the election commission of india issued a ..... dated 9.8.2000--'1. whether the nomination paper of mahendra singh gurjar was improperly rejected by the returning officer?2. whether validity of any provision of the representation of people act, 1951 or any rule made thereunder can be challenged in a election petition?3. relief ?'9. issue no. 2 as to whether validity of any .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant27; AIR1960Mys27
..... is that this appeal fails and must be dismissed with costs. the sum of rs. 500/- deposited by the appellant as required by the provisions of the representation of the people act, when he presented the appeal to this court, will be paid to respondent 1 by way of costs.a. narayana pai, j.(57) i agree.( ..... that reserved seat. respondent one was declared to have been duly elected, whereupon the petitioner presented an election petition under the provisions of s. 80 of the representation of the people act, calling in question therefore validity of the election of respondent 1. that election petition was heard by an election tribunal appointed for that purpose. the ..... a.r. somanath iyer, j.(1) this appeal presented under the provisions of s. 116-a of the representation of the people act concerns an election to the house of the people from the gulbarga parliamentary double membership constituency to fill a reserved seat. this election was held in march, 1957. respondent 1 and the appellant were .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALT95
..... politician and was a member of the legislative assembly for one period. he was contemplating to contest in the elections again and for that purpose filed a representation seeking declaration that the disqualification attached to the conviction has ceased in view of the remission g.o., but that was rejected reckoning time of 6 years ..... petitioner by judgment dated 14-8-1991 and again the petitioner was arrested on 12-12-1991. ever since 4-6-1992 the petitioner had been making representations that in view of the remissions he was entitled to be released; but, it was rejected by the government, which prompted the petitioner to file writ ..... was issued. remission is by virtue of a constitutional provision, while the representation of the people act operates in an entirely different field with regard to representatives to be chosen by the people and the process thereof. section 8(3) of the representation of the people act, which is relevant for the purpose of adjudication of this case, reads .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H395
..... course of election, it has a corroborative value which the tribunal has ignored. malkiat singh being himself a guilt person, in having violated the provisions of the representation of the people act, can obviously not be relied upon; the position of bibi harparkash kaur and her election agent mohinder singh, according to the appellant, it still worse ..... corrupt practice invalidating the election. the argument is that section 123(6) makes the incurring or authorising of expenditure in contravention of s. 77 of the representation of the people act, 1951, a corrupt practice and under s. 77 every candidate is enjoined, by himself or by his election agent, to keep a separate and ..... objecting to the canvassing by malkiat singh qanungo did not amount to her obtaining or procuring assistance within the contemplation of s. 123(7) of the representation for the people act (act no 43 of 1951), as this provision of law does not go to the extent of preventing a government servant from expressing his views .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker160
..... respondent urged an alternative contention having a bearing on the question of limitation. according to the respondent there was non-compliance with section 81(3) of the representation of the people act 1951. according to section 81(3) of the act every election petition shall be accompanied by as many copies as there are respondents mentioned in the ..... with the procedure regarding the trial of election petitions. rule 207 may be read in this context: 'definitions.-- in this chapter, (1) 'the act' shall mean the representation of the people act, 1951, and (2) 'the judge' shall mean the judge of the court who has been assigned by the chief justice under sub-section (2) of section ..... are two-fold. in the first place it is argued that the relevant petition was filed beyond the period prescribed in section 81(1) of the representation of the people act. according to that provision the petition has to be presented within 45 days from, but not earlier than the date of the election of the respondent .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H215
..... be answered is whether the election petition can be rejected at the outset on account of nondisclosure of cause of action/material facts and particulars. under the representation of the people act, 1951 (hereinafter referred to as 'the 1951 act'), in part vi provisions in respect of the disputes regarding elections have been laid out. in ..... on 21-2-2000 during his door to door canvassing. this action of the respondent amounts to a corrupt practice under section 123(1) of the representation of the people act. 1951.'the following defects in the pleadings have been pointed out by the learned counsel for the respondent in para 6(a) :--1) the ..... being dissatisfied with the election of the respondent, the petitioner filed the instant election petition under section 80, 81 read with sections 100 and 123 of the representation of the people act, 1951 for setting aside the election of capt. ajay singh i.e. the respondent from the rewari assembly constitutency to the haryana lesgislative assembly.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj223
..... regardingattestation under section 81(3).31. annexures a, b and c filed with the petition contained particulars of the corrupt practices. section 83(2) of the representation of the people act 1951 as originally enacted laid down that such particulars shall be contained in a list signed and verified in the manner laid down in the code of ..... sc 210 the petitioner had not joined as respondent a duly nominated candidate who had withdrawn his candidature and had not contested the election. section 82 of the representation of the people act 1951, as it stood then, laid down that a petitioner shall join as respondents to his petition all the candidates who were duly nominated at the ..... have accordingly stated the following points of law on which they differ for decision under section 98, c.p.c.'(i) whether section 81(3) of the representation of the people act 1950 (1951?) as amended, in so far as it lays down that every copy of the election petition shall be attested by the petitioner under his .....
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