Court : Rajasthan
Reported in : AIR2001Raj398; 2001(2)WLC423; 2001(2)WLN271
..... ). in lalileshwar prasad sahi vs. bateshwar prasad & ors. (8), the hon'ble supreme court considered the applicability of the provisions of section 7(d) of the representation of people act, 1951 (for short, 'the act, 1951') imposing the disqualification on the person having contract with the government and majority view has been that if the contracl ..... elected?(7). a constitution bench of the hon'bie supreme court in n.p. poor.uswami vs. union of india & ors. (1), observed that the representation of people act is self-contained enactment so far as elections are concerned, which means that whenever the true position in regard to any matter connected with elections is to ..... he has been falsely implicated for certain ulterior motive....thus, in our view, the impugned amendment with an object to check criminali-sation in politics and also to warn people in public life not to indulge in criminal activities, is in larger public interest.'(42). in bhiya ram & ors. vs. stale of rajasthan & ors. (40), .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj249
..... election officer in each district by the election commission in consultation with the government of the state.53. sections 25 and 26(1) of the representation of the people act, 1951 runs as follows:'25. provision of polling stations for constituencies. the district election officer shall, with the previous approval of the election ..... return before the district election officer, udaipur? 4. (b) does it constitute a ground for setting aside the election under section 100 of the representation of the people act, 1951? 5. (a) was the returning officer of the aimer parliamentary constituency not authorised to administer oath to the respondent under article 84 ..... will the result of the election be effected? 2. (c) can the delimitation order. 1966 be challenged before this court in this election petition under the representation of the people act. 1951? 3. (a) whether the presiding and polling officers for bhim and kumbhalgarh constituencies were not appointed by district election officer ajmer? 3. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj204
..... fact, defective, inasmuch as the said respondent had not appointed anybody including himself as his election agent, which was a mandatory provision of section 40 the representation of the people act, and, therefore, the declaration made in the nomination paper under section 33(3) that he had appointed himself as his election agent was not true ..... and that the declaration of appointment of self as election agent scribed on the nomination paper was a sufficient compliance of the provisions of section 40 of the representation of the people act, as held by the majority of the members of the election tribunal.5. respondent no. 3, lallu chand, also supported the judgment of the ..... were not correct.it was urged by the learned advocate general that the election petition was based on ground (c) of section 100 of the representation of the people act, and all that the election tribunal was authorised to enquire into was whether the rejection of the nomination paper as made by the returning officer .....
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 : 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj18
..... the respondent no. 4 should no more appear in the electoral rolls of that state.20. the prayer for prosecution under section 31 of the representation of the people act, 1950, is wholly misconceived because such a prosecution is permissible only if the respondent had made a false declaration in connection with the preparation, ..... name appears in the electoral rolls of two constituencies, is void or that there was any non-compliance with the provisions of the constitution or the representation of the people act, 1951. where the elector applies for inclusion of his name in another constituency, the electoral registration officer of the first constituency has to pass ..... that he could not be an elector in two places simultaneously. the returning officer rejected the objection holding that according to section 36(7) of the representation of the people act, 1951, the electoral roll for the time being in force was conclusive evidence of his being an elector and, therefore, his nomination could not .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj287
..... the election. (al) that the posters and pamphlets were printed and published by respondent no. 1 in contravention of the provision of section 127a of the representation of the people act, 1951. 33. in the opening part of the above paragraph there is a clear allegation that the election agent of the respondent also offered and ..... (gao hatya). not only this they administered oaths to the voters not to vote for congress. this is a corrupt practice according to section 123 of the representation of the people act, 1951.' 14. this did not contain a clear allegation that the election agent committed the corrupt practice. the allegation made in it is that either ..... to higher authorities by local police and vikas adhikari and the poster was thereafter removed. this is also a corrupt practice accordins to section 123 of the representation of the people act. 1951.' 11. on behalf of the petitioner it was contended that the allegations contained in the above paragraph do not amount to a corrupt practice .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj185; 1983()WLN439
..... presented an election petition in this court on july 14, 1980 alleging that ramdhan was guilty of corrupt practice specified in section 123(7) of the representation of the people act, 1951 (hereinafter referred to as 'the act'), on account of his incurring expenditure in contravention of the provisions of section 77 of the act. ..... following observations of their lordships of the supreme court made in ponnuswami's case may be usefully extracted in this context (para 11) : -- 'the representation of the people act, 1951 which was passed by parliament under art. 327 of the constitution, makes detailed provisions in regard to all matters and all stages connected with ..... court observed as under (para 14) :-- 'in our opinion however, the limitation act cannot apply to proceedings like an election petition inasmuch as the representation of the people act is a complete and self-contained code which does not admit of the introduction of the principles or the provisions of law contained in the indian .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj166; 1980()WLN555
..... parties. in my considered opinion, only those persons could be impleaded as parties to the election petition as has been envisaged in section 82 of the representation of the people act, 1951. the president and the general secretary of the janata party are neither necessary nor proper parties to the election petition, and the petition ..... under article 324(1) the election commission cannot do something impunging upon the power of the president in making the notification under section 14 of the representation of the people act, but after the notification has been issued by the president, the entire electoral process is in the charge of the election commission and the ..... symbol and identity card bearing candidature of the janata party was also given to shri mohammad sayeed khan, the list published under section 37 of the representation of the people act, 1951, showing therein mohammad sayeed khan as the official candidate of the janata party, has been produced and has been marked as annexure 1. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj49
..... provided the manner of challenging the elction under these rules. this rule 86 is pari materia on substantial features with sections 100 and 101 of the representation of the people act, 1951. in amarsingh v. munsiff magistrate, jodhpur 1967 lw 224, a distinction has been sought to be drawn in parliamentary elections and the ..... allegationthat the returning officer did not permit enough number of counting agents to be appointed is an extremely vague allegation. under section 47 of the representation of the people act, 1951, a contesting candidates or his election agent may appoint in the prescribed manner one or more persons. but not exceeding such number ..... the ballot papers of all or any of the candidates including himself and the returning officer shall thereupon recount the same.11. section 83 of the representation of people act, 1951 provides that an election petition shall contain a concise statement of material facts, on which the petitioner relies. section 97 deals with recrimination .....
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