Court : Allahabad
Reported in : AIR1963All363
..... article 226 of the constitution.8. learned counsel urged that because in the present case the petitioner was questioning the vires of section 34 of the representation of the people act, 1951 the question could be raised in these proceedings; but in my opinion the ground on which the order rejecting the nomination paper is being ..... therefore, wants that order to be quashed. the nomination paper has been rejected on the ground that the petitioner had not complied with section 34 of the representation of the people act, 1951. the contention is that the provisions of that section were not valid and compliance with them ought not, therefore, to have been insisted upon ..... the parliament. he urges that by providing for an additional qualification of making a deposit of rs. 500/- by way of security section 34 of the representation of the people act really adds a qualification to the various qualifications mentioned in the constitution and that is not permissible. his case is that as section 34 was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All113
..... discussed in thatcase on the basis of which the tribunal had heldthat there had been failure to comply with the requirements of section 117 of the representation ofthe people act. in the light of this impression,we questioned learned counsel for the parties whobad appeared before the election tribunal. shriiqbal ahmad, who has ..... truethat the tribunal made a reference only to thatpart of the decision in the earlier case where ithad been held that the requirements of section 117of the representation of the people act were ofa mandatory character. 1to us, however, it appeared that, in fact, thetribunal, when deciding the present case, reliedupon its decision in ..... 000/- deposited as security had been deposited in favour of the secretary, election commission. the tribunal held that the provisions of section 117 of the representation of the people act were mandatory and, since the receipt did not have inscribed on it the words 'in favour of the secretary, election commission,' there was non .....
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 : Allahabad
Reported in : AIR1959All264
..... agent of the appellant committed any corrupt practice, the appellant would be responsible for it and the case would come under section 100(1)(b) of the representation of the people act, quite irrespective of the fact whether the appellant had consented to the commission of the corrupt practice by the agent or not.it was further contended ..... this poster has not been challenged before us.68. issue no. 15. '(15) (a) did the respondent maintain accounts as required under s, 77 of the representation of the people act, and is the return filed a correct copy of the same? if so, its effect?(b) whether the respondent himself through his agents and workers incurred unauthorised ..... those parchas themselves are not forthcoming. on these facts the tribunal has held that the appellant did not maintain accounts as required under s, 77 of the representation of the people act and the return filed by him, therefore, cannot be said to be a correct copy of the accounts maintained.a reading of sub-section (1) of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All809
..... law in the act is identical with that which existed before the amendment. the interpretation of sub-section (2) of section 90 of the unamended representation of the people act by the supreme court is, therefore, fully applicable to sub-section (1) of section 90 of the act. the second principle, which we have mentioned ..... petition on those allegations would then be barred. this principle was laid down by the supreme court when interpreting sub-section (2) of section 90 of the representation of the people act, 1951, as it was before the amendment of 1956, but, even after the amendment in the year 1956, the language of the corresponding provision of ..... were both cases in which the questions of interpretation of the expression 'candidates who were duly nominated at the election', as used in section 82 of the representation of the people act, 1951 before its amendment by the amending act, 1956, came up for interpretation. this section 82 as used in the unamended act can no longer .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All54
..... elector in constituency and was merely a candidate for election from this constituency. further questioned, learned counsel conceded that, under section 81 of the representation of the people act, two candidates could file a joint election petition against a successful candidate and similarly two electors could file a joint election petition against a successful ..... the application for substitution presented by opposite party no. 1 was filed beyond the period of limitation prescribed by section 110(3)(c) of the representation of the people act. when this petition was argued before us, learned counsel for the petitioner admitted that he was unable to support the 1st ground relating ..... which later held sittings at sitapur. on 9-10-1957 sri kapildeo presented an application for withdrawal of the election petition under section 109 of the representation of the people act (act xliii of 1951). on 28-11-1957, opposite party no. 1 filed an objection against that application for withdrawal. on 16-12- .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC429
B.K. Roy and P.K. Jain, JJ.1. The petitioner has knocked the doors of this Court by taking recourse to Article 226 of the Constitution of India for grant of following three reliefs :(i) issue a writ, order or direction in the nature of mandamus directing the respondent Nog. 1. 2 and 3 to follow the dictum contained in the Government Order date4 19.2.1996 on the subject of the provision of shadow, gunner and guard with regard to the persons having criminal history and background in all strictness or alternatively clarify or formulate the clear guideline for the citizens of State of U. P. with regard to the principles which govern the feasibility of the provisions of shadow, gunner and guard etc. to the persons having the criminal history: (ii) issue a writ, order or direction in the nature of mandamus directing the respondents to grant the gun licence applied by the petitioner notwithstanding the pendency of the Case Crime No. 229/91 under Sections 147. 148, 149 and 302, I.P.C.. P. S. C...
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All596
..... 1, had procured and hired the various conveyances. for the sake of examining how far these paragraphs satisfied the requirements of section 83 of the representation of the people act, we shall proceed on the assumption that the details about the names of the agents and supporters sought to foe introduced by the amendment application ..... an alteration in the paragraph would, in our opinion, be an amendment or an amplification of the nature contemplated by section 90 (5) of the representation of the people act andthis amendment should have been allowed by the election tribunal. then a further amendment sought is by giving a more precise description of the mosques ..... of a particular which was already given in the original petition. such an amplification should have been permitted under section 90 (5) of the representation of the people act.12. for opposing the amendment applica-tion a further contention was put forward by learned counsel that this application for amendment was made at a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All137
..... is based on any reasonable classification which would be justified in view of the purpose for which the tribunals are constituted.4. under section 86 of the representation of the people act, 1951, an election tribunal is to consist of one single member who must ordinarily be appointed out of the list of district judges maintained by the ..... to parliament, to the legislatures of states and to the offices of president and vice-president, as well as the subject o the election commission, passed the representation of the people act, 1951, and laid down that the power of appointment of election tribunals should vest in the election commission, so that the act should be in ..... , therefore, fails.7. the third point raised by learned counsel, according to him, arises out of the provisions of sections 86, 88 and 116a of the representation of the people act. under section 86 of the act, the petition is referred by the election commission to an election tribunal for trial. under section 88 of the act, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All794
..... officer, allahabad. the election commission directed, by its telegram dated 1-3-1957,'taking of fresh polls for either election under section 58 of the representation of the people act, 1951, in polling station number fifty-four of meja assembly constituency forming a component part of allahabad parliamentary constituency on seventh march between 8-30 ..... or procured assistance from any of the government servants mentioned in the election petition.the pleadings really were not in compliance with section 83 of the representation of the people act as remarked by the election tribunal, but as the case has gone to trial and evidence has been adduced on the point, we ..... candidates at polling stations other than babhni-hather, before the repoll at babhni-hather had taken place, was a breach of the provisions of the representation of the people act, according to which the counting of votes should have been done only after polling had taken place at all the polling stations in the constituency .....
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