Court : Guwahati
..... by this order. 5. main contention in the above petition is that the election petition does not disclose any cause of action as required under the provisions of the representation of the people act, 1951 and election symbol (reservation and allotment) order, 1968, as well as, conduct of election rules, 1961. referring to provisions of para 13 of the ..... the election. it has been alleged thatthe refusal to allot the said symbol amounts to non-compliance of the provision of section 100(d) (iv) of the representation of the people act, and as such the election of the respondent no. 2 is liable to be declared void. according to petitioner due to fighting of election as an ..... time. 2. the respondent no. 2 has filed the present petition under order vii, rule 11, c.p.c. read with sections 86 and 87 of the representation of the people act, 1951 praying, inter alia, that the election petition may be dismissed/ rejected. 3. from the election petition it appears that the above constituency was a reserved .....
Tag this Judgment!Court : Guwahati
..... mere irregularity and not an illegality which is always curable and the provisions contained in chapter viii-a incorporating 'rules' framed by the hon'ble high court under the representation of the people act, 1951' are hot mandatory. hence the contentions of the respondent no. 1 are not correct.' 2. learned counsel 1 mr. a. k. bhowmik for the ..... of chap. viii-a of the gauhati high court rules in presenting the election petition amounts to non-compliance of the provisions of section 81 of the representation of the people act, 1951 in as much as the said special provisions as contained in chap. viii-a of the gauhati high court rules are required to be read ..... the allegation in para 2 reads as :-- 'that the petitioner has failed to comply with the special provisions relating to the procedure in election petition under the representation of the people act, 1951 of thegauhati high court rules as embodied, in chapter viii-a of the said rules in as much as the election petition, at the time of .....
Tag this Judgment!Court : Guwahati
..... learned single judge can be designated as the authority for the purpose of presentation. in his opinion, it would be ultra vires of section 81 of the representation of the people act, shri lahiri further argued that article 329(b) of the constitution mandate that appropriate legislature, the parliament in the instant case alone is competent to ..... provisions of article 246(1) show that appropriate legislature within the meaning of article 329(b) of the constitution of india is the union parliament. the representation of the people act, 1951 was enacted by the parliament providing for the manner in which an election petition is to be tried and decided. this act is a ..... stamp reporter is unauthorized, without jurisdiction and is ultra vires article 329(b) of the constitution as well as section 80, 80a and 81 of the representation of the people act, 1951?(2) whether the election petition was presented in person by the election petitioner on 20-6-2001 in accordance with the law or even before .....
Tag this Judgment!Court : Guwahati
..... as to filling in of the other entries.4. the expression 'electoral roll number' occurring in these two entries has been defined in rule 2(b) of the representation of the people (conduct of elections 'arid election petitions) rules, 1956, which runs as follows:'2. (1) in these rules, unless the context otherwise requires, --(b) ' ..... officers on the date of presentation of these nomination papers and they were duly endorsed after verification, as provided under section 33(4) of the representation of the people act. the first three papers were received by the deputy commissioner of nowgong who was the returning officer for nowgong constituency and the other two were ..... in the nowgong constituency of the assam legislative assembly called in question the election of dev kanta barooah by a petition under section 81 of the representation of the people act alleging that his nomination paper or papers were illegally rejected by the returning officer on scrutiny on 1-2-57. the petitioner filed five .....
Tag this Judgment!Court : Guwahati
..... the returned candidate has been challenged on a number of grounds. the commission of corrupt practice under section 123 (3) and (3a) of the representation of the people act, 1951 by the returned candidate as well as his agents with the knowledge and consent of the returned candidate has been alleged by the election petitioner ..... be conveniently extracted hereinbelow :-- 1) whether the respondent no. 1 shripremodhar bora committed corrupt practicewithin the meaning of section 123(3) andsection 123(3a) of the representation ofpeople act, 1951. on 25-4-2001 while delivering a speech at santhapur, bhipuria byappealing to the voters to vote for him andto refrain from voting for ..... occasions by tribal candidates :f a tribal candidate is to be returned once again, the constituency will become a tribal/reserved constituency and the general category people would come under the subjugation of the tribals. the two agents of the returned candidate i.e. sri monoranjan sarma and sri ghana kanta baruah are .....
Tag this Judgment!Court : Guwahati
..... of no. 35 abahayapuri south (sc) lac and 13 falakata (sc) lac of west bengal to take penal action against the respondent under section 31 of the representation of people act, 1951.(h) to direct the respondent to pay the cost of the petition and expenses of the proceedings to the petitioner ; and(i) to grant any ..... respondent as not being not qualified lo be a member of the assam legislative assembly in view of article 173(c) read with section 5(a) of the representation of people act, 1951 having been choosen from a constituency reserved for schedule caste ; ,(f) to direct the state government to initiate forthwith criminal proceedings under the relevant ..... to be a member of the scheduled caste community as null and void, illegal and inoperative ;(c) to direct the competent authority under section 8a of the representation of people act, 1951 to submit to the president of india the findings of this hon'ble court for passing necessary order disqualifying the respondent as per law ;(d) .....
Tag this Judgment!Court : Guwahati
..... case has arisen out of election petition no. 4/1999, which has been instituted by the present petitioner, namely, sri kanakeswar narzary under sections 80 and 80a of the representation of the peoples act. 1951, challenging the election of the respondent no. 9, shri sansuma kungur bwiswmuthiary, who got elected to the lok sabha in the last parliamentary election held in 1999 ..... (since retired), the respondent no. 9, on receipt of the notice from the court, entered appearance through his learned counsel and filed an application under section 86 of the representation of the people act 1951 (hereinafter referred to as 'the rp act') and order vii rule 11 read with the provisions of order vi rule 16 of the code of civil procedure .....
Tag this Judgment!Court : Guwahati
d.n. baruah, j. 1. the petitioner filed the election petition alleging that the first respondent is guilty of corrupt practice within the meaning of section 123 of the representation of the people act, 1951. the first respondent appeared on receipt of notice and filed written statement. however, he took several adjournments for filing the written statement, which compelled this court to fix ..... the suppression of material facts are concerned, mr. mazumdar has not elaborated. according to him, even though the code of civil procedure is not applicable in mizoram, but the representation of the peoples act, in short the r. p. act, is applicable. he has referred to section 87 of the r.p. act. section 87 of the r. p. act runs thus .....
Tag this Judgment!Court : Guwahati
..... village chakabausi, it took place at a place different from the one mentioned in the list of the polling centres published under section 25 of the representation of the people act.one of the arguments contended for was that the election of tarabari constituency was rightly held in the village primary school chakabausi as in fact the ..... questions of fact and law. his first contention is that in the circumstances of the case, there is no non-compliance with the mandatory provisions of the representation of the people act or rules framed thereunder. the election was held at the polling station which was notified and there was no change of the polling station.the parties ..... behalf of the respondent on the ground that the corrupt practices alleged by him have been established and that he was entitled under section 101 of the representation of the people act to a declaration that he had been duly elected. apart from filing the cross-objection the respondent has also tried to support the decision of .....
Tag this Judgment!Court : Guwahati
..... roll cannot be excluded from exercising his right to cast vote on the ground that he did not satisfy the conditions of eligibility as envisaged under the representation of peoples act, 1950. in the case at hand, however, the entire case of the election petitioner rests on his challenge to the eligibility of some of ..... roll or to include a name therein is entitled to cast a vote unless disqualified under subsections (2) to (5) of section 62 of the representation of the people act, 1951. a person enrolled in the electoral roll cannot be excluded from exercising his right to cast vote on the ground that he did not ..... ineligible voters were included, according to the election petitioner, in the final electoral roll of the constituency in violation of the various procedural mandates stipulated under the representation of the peoples act, 1950, and the registration of electors rules, 1960. the election petitioner alleges that at the said special polling station at tuipuibari, 86 of ineligible .....
Tag this Judgment!