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 : Gujarat
Reported in : (1964)5GLR536
..... the negative aspect of one and the same subject viz. the number of nomination papers which can be subscribed to by a voter. these provisions of the representation of the people act were considered in a number of election petitions by different tribunals in india. it is true that the decisions of these tribunals are not binding authorities ..... is registered in the electoral roll of the constituency and who is not subject to any disqualification mentioned in section 16 of the representation of the people act 1950 (xliii of 1950) may subscribe as proposer or seconder as many nomination papers as there are vacancies to be filled but no more.under section ..... that of hughes was invalid.16. as regards the indian statutes the provisions similar to the provisions with which we have to deal were set out in the representation of the people act 1951 before its subsequent amendment. under sub-section (2) of section 33 it was provided in that act as follows:(2) any person whose name .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj292
..... contemplated under article 329(b)? the answer to the question depends on a consideration of the provisions of articles 324 to 329 and the representation of the people act, 1950 and the representation of the people act, 1951, articles 324 to 329 occur in part xv headed 'elections' and article 324 which is the first article in the ..... reading of articles 324 to 329 occurring in part xi of the constitution. but we find that this view is also supported by the representation of the people act, 1950, and the representation of the people act, 1951, made by the parliament in exercise of its power under article 327 of the constitution.6. when we turn to these ..... the various stages in the process of election and these stages arise subsequent to the issue of the notification. it would thus be seen that the representation of the people act, 1950, deals with various anterior stages such as allocation of scats, the delimitation of constituencies and the preparation of electoral rolls while the various .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1997Guj1; (1996)2GLR165
..... 2) guj lh 149) (supra), the division bench has already held in para 6 (glh) of the judgment that the scheme of the representation of the people act, 1950, and the representation of the people act, 1951, is entirely different from the election scheme under the apmc act and rules and, therefore, the decisions in respect of the electoral ..... required to be noted that the said case arose out of denial of the rights of citizenship under the constitution, the citizenship act and rights under the representation of peoples act, 1950, and the consequent deletion from the list of voters. the said case, however cannot be compared with the instant case. as rightly contended by ..... rolls under the representation of the people act for elections to parliament and legislative assemblies cannot be applied to the election disputes arising under the apmc act and rules.17a. it is, .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1233
..... 101 thereof. in fact where there are specific statutory provisions providing for the forum and remedy for deciding election disputes, the provisions of the representation of the people act may not even apply. however, the gujarat municipalities act and the rules for electing president and vice president of the municipalities do ..... the petitioner that these applications are in the nature of recrimination applications for supporting the elected candidate as contemplated by section 97 of the representation of the people act, 1951. it is, therefore, necessary to decide these applications first.31. having carefully gone through the said applications and having heard ..... have opposed their applications and submitted that these applications are in the nature of recrimination application similar to application under section 97 of the representation of the people act, 1951. it is, however, submitted that admittedly these two applicants were neither arrested by the police nor were they prevented by .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj140
..... an infirmity can be upheld. there is no question of the result being materially affected in such a case.' it is also submitted that unlike the provisions in the representation of the people act, in the gujarat panchayats act and gujarat municipalities act, where there is an express provision for showing that the election result has been materially affected, for setting aside ..... and proved that the election result is not materially affected. it is not possible to uphold this contention. it is true that there is no express provision like the representation of the people act, gujarat panchayats act and the gujarat municipalities act. nonetheless, the power is given to the authority under section 28 of determining the validity of the election and the .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR470
..... , polling officers etc. and under section 20-a of the representation of the people act, 1951, the said officers are deemed to be on deputation to - in election commission for the period commencing on and from the date of ..... the elections in gujarat state for the members of the lok sabha are to be held on 20th april, 2004. as per part-iv of the representation of the people act, 1951, the administrative machinery for the conduct of elections are to be supplied by the state of gujarat as observers, returning officers, presiding officers ..... market produce committee. in view of the general elections of the members of the parliament and keeping in mind the provisions of representation of the people act, more particularly section 11 of the representation of the people act which is reproduced hereinbelow.'11. constitution of market committee - (1) every market committee shall consist of the following members .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj334; (1969)GLR925
..... electoral roll would be in contravention of the constitutional provision in article 326 of the constitution. such an electoral roll prepared under the provisions of representation of the people act would be an instrument made under that act. such a statutory instrument prepared in violation of the constitutional provision must be deemed to be ..... any collateral issue but a finding on facts in issue before the electoral registration officer, whose decision was made final, and section 30 of the representation of the people act, 1950 even excluded the jurisdiction of the civil courts to question the illegality of action taken by or under the authority of electoral registration ..... the electoral roll, though illegal, could not be questioned in the civil courts. it could be rectified only in the manner prescribed under the representation of the people act by preferring an appeal or by resorting to any other appropriate remedy.12. in the subsequent decision the supreme court dealt with this question .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1976Guj66
..... displays great dialectical ingenuity but it has no bearing on the result of this appeal and i think it can be very shortly answered under section 36. representation of the people act. 1951 it is the duty of the returning officer to scrutinize the nomination papers to ensure that they comply with the requirements of the act ..... petition to the appropriate tribunal, and that the returning officer would have no jurisdiction to decide that matter, and in so far as s. 36 of the representation of the people act. 1951, conferred on the returning officer a jurisdiction which article 329 (b) conferred on a tribunal to be appointed in accordance with the article it is ..... inspired with a spirit of crusade to establish and maintain constitutional right and guarantee of having free and independent election challenges the constitutional validity of certain provisions of the representation of the people act, 1951, viz. section 34(a) and section 56 as well sections 33, 34, 35, 36(1), 36(2)(b), 36(2)(c) and .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj62; (1966)GLR753
..... or calamities unless they case their vote for a particular candidate, that would be quite clearly an appeal to the religious sentiment of the people'.in the first instance, the aforesaid observations were made, by their lordships in a case under section 123, sub-section (3) of ..... and, as already stated, that the last paragraph was the only paragraph which was published as the message of dixitji maharaj to the people of sabarkanta district. it will be convenient at this stage to reproduce the impugned paragraph. the same has been translated in the paper ..... only the last but one paragraph was published in the `lok sevak' with the title 'the message of goswami dixitji maharaj to the people of the district'. the evidence is not clear as to who selected the particular passage and who gave the new heading. malvi's ..... miabhoy, j.(1) this appeal is filed under section 116-a of the representation of the people act, 1951 (act 43 of 1951), (hereinafter referred to as 'the act') by lalsing keshrising .....
Tag this Judgment!