Court : Delhi
Reported in : 137(2007)DLT195
..... of article 5 of the constitution of india. it was also contended that constitution was established in 1950 and both the acts i.e. representation of people act, 1950 and representation of people act, 1951 were also enacted thereafter. to elaborate his arguments mr. lekhi contended that if foreign born citizen could not contest election to ..... or ireland.... 36. it was next contended that the word 'citizen' which occurs in the constitution in 1950 was adopted in the representation of people act, 1950 and representation of people act, 1951 and that has to be read in its contextual meaning with article 5 of the constitution of india as classes of citizen ..... period and will override the provisions of article 11 and other statutes concerning citizenship, secondly whether article 11 of the constitution and provisions contained in representation of people acts and citizenship act have to be read in conjunction with article 5 of the constitution, thirdly, whether article 5 of the constitution is the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR716
..... an election petition, but also other candidates who contested if there has been allegations of malpractice committed by them in an election petition presented under the representation of the people act not only to secure a declaration in one's own favour or to challenge the election of a particular candidate but also to maintain the purity ..... who filed the election petitions. he has drawn my attention to the statement of objects and reasons when amendment was made to section 82 of the representation of the people act which reads as follows:'section 82 provides that all the duly nominated candidates shall be joined as respondents to an election petition. even in the ..... scheduled tribes in addition to the right they already have in common with all citizens.18. it is in this context that section 54(4) of the representation of the people act corresponding to rule 28(4) of the rules assumes some importance. rule 28 of the rules is as follows:'(1) to (3) ......................(4) notwithstanding .....
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 : Mumbai
Reported in : (1970)72BOMLR117
..... code of civil procedure can be invoked because section 87 makes the procedure applicable, as nearly as may be to the trial 6f election petitions, the representation of the people act itself enacts some rules which override the civil procedure code. general power of amendment or the power derived from the code of civil procedure must be taken to ..... than an election agent.29. having dealt with the substantive law on the subject of election petitions we may now turn to the procedural provisions in the representation of the people act. here we have to consider sections 81, 83 and 86 of the act, the first provides the procedure for the presentation of election petitions. the ..... separately in sub-paras. a to j. sub-paragraphs a to d dealt with the invalidity of the election for non-compliance with section 62 of the representation of the people act and articles 326 and 327 of the constitution. these concerned the secrecy of ballot (a), registering of some voters in two constituencies (b), omission of .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR1065
..... to the reserved seat to contest the general seat as well, then no question of discrimination can possibly arise.13. having considered the relevant provisions of the representation of people act and the provisions of the constitution, we are of opinion that the tribunal was right in the decision that it came to and the challenge to the ..... not less then twenty-five and such qualifications as may be prescribed by or under any law made by parliament; and the representation of the people act has enacted section 4 which requires qualifications in the case of a reserved seat that he must be a member of the scheduled caste and ..... parliament commensurate with their population, and in order to carry out this object, as in the prevailing social conditions it may not be possible to obtain a proper representation for the members of the scheduled caste, the constitution has provided that seats should be reserved for the scheduled caste proportionate to their population. now, the reservation clearly .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197
..... would not be invalid by reason of the candidate making his signature before the proposer and the seconder. even subsequently, a similar provision in the representation of the people act, 1951, and the rules frame thereunder for conduct of elections and election petitions, was interpreted in the same manner by the election tribunal in ..... electoral registration officer or in the office where the chief electoral registration officer directs it to be preserved in accordance with the rules framed under the representation of the people act, 1950. in such circumstances., if the rule-making authority did not consider it safe to rely on printed copies of the electoral rolls ..... it was alleged that a poster was published against the ram rajiya parishad and jagirdars and this constituted undue influence within section 123(2) of the representation of people act, 1951. it was held that the publication of the poster constituted undue influence. the commission observed :it may be observed that an attempt to .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR8; 2001(2)BomCR557
..... a chamber summons bearing no. 289/2000 wherein the respondent has prayed to dismiss the election petition at the threshold without trial under section 86 of the representation of the peoples act. the chamber summons and the written statement, issues have been considered and the following order is passed?'the issue nos. (i) to (v) ..... for the respondent since he was muslim?xiii) whether the petitioner proves that the respondent has committed a corrupt practice under section 123(3) of the representation of people act, 1951?xiv) whether the petitioner proves that due to the said corrupt practice committed by the agent of the respondent with the consent of the ..... an agent and supporter of the respondent and with the consent of the respondent have committed corrupt practice under the provisions of section 123(4) of the representation of people act, 1951?xi) whether the petitioner proves that due to the corrupt practice committed by shri balasaheb mhatre with the consent of the respondent, the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj315
..... candidate and for prejudicially affecting the election of the other candidates and would constitute corrupt practice within the meaning of section. 123(3) of the representation of the people act, 1951.25. the next question that requires consideration is whether such corrupt practice has been committed by the swatantra party candidate or by ..... notification, the governor called upon all the assembly constituencies in the state of gujarat to elect members in accordance with the provisions of the representation of the people act, 1951, and rules and orders rnade thereunder. on the same day, another notification was issued under section 30 of the aforesaid act where ..... tribunal, is hereinafter referred to as 'the independent candidate.'2. on 13th january, 1962, a notification was issued under section 15(2) of the representation of the people act, 1951, directing that a general election be held for the purpose of constituting a new legislative assembly for the state of gujarat. by the said .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC983; 1982(1)SCALE115; (1982)1SCC691; [1982]3SCR318; 1982(14)LC186(SC)
..... the questions is not whether the civil procedure code applies because it undoubtedly does, but only 'as far as may be' and subject to the provisions of the representation of the people act, 1951 and the rules made thereunder. section 87(1) expressly says so. the question is whether the provisions of the civil procedure code can be invoked ..... a constitutency to elect a member or members right up to the final resolution of the dispute, if any, concerning the election is regulated by the representation of the people act, 1951, different stages of the process being dealt with by different provisions of the act. there can be no election to parliament or the ..... the action.3. to properly appreciate the rival contentions it is necessary to refer to the relevant provisions of the constitution of india ' and the two representation of the people acts of 1950 and 1951.4. first the constitution. part xv deals with elections. article 324 vests in the election commission the superintendence, direction and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1992P& H183; (1992)102PLR12
..... sodhi, j.'5. the learned counsel for the petitioner has raised the following two contentions: --(1) that the power conferred by s. 10a of the representation of the people on the election commission is a judicial/quasi-judicial power, and even if it is an administrative power, the rules of 'natural justice necessitate the holding of ..... 1961 (hereinafter referred to as 'the rules'). the relevant statutory provisions as contained in the act and the rules are reproduced below for facility of reference.representation of the people act, 1951 '77. account of election expenses and maximum thereof.-- (1) every candidate at an election shall, either by himself or by his election ..... 1989, the result was declared, but the petitioner lost the election. still, according to the statutory provisions contained in ss. 77 and 78 of the representation of the people act, 1951 (hereinafter called 'the act'), he was required to keep a separate account of all the expenditure incurred by him in connection with the .....
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