Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 139 repealed Court: himachal pradesh

Dr. Y.S. Parmar Vs. Hira Singh Pal and anr.

Court : Himachal Pradesh

..... . it is immaterial if the name of amar singh was not entered in the form before the appellant signed it. the election law (as contained in the representation of the people act, 1951, as amended) does not contemplate the delegation of powers under section 46, by the contesting candidate to anybody other than his election agent. since, ..... polling agent to be signed before presiding officer', 'i hereby declare that at the above election, i will not do anything forbidden by section 128 of the representation of the people act, 1951, which i have read/has been read over to me.' after that, the presiding officer. shri bhanu pratap, signed the form at the place ..... of dr. y. s. parmar was, however, challenged by an unsuccessful candidate, shri hira singh pal, by means of an election petition under section 80 of the representation of the people act, 1951 (which, hereafter, will be referred to as 'the act).'the petition was referred to an election tribunal, consisting of a single member, shri s. d .....

Satya Dev Bushehari Vs. Ghanshiam

Court : Himachal Pradesh

Reported in : AIR1953HP117

..... election tribunal did not start with the filing of the nomination paper in question but when the filing of an election petition under section 81 of the representation of the people act, 1951. even that portion of the proceedings before the tribunal in which the alleged forgery became relevant started, not with the filing of the nomination ..... the learned counsel for the petitioner argued that the returning officer was a court under the provisions of section 195 of the code.under section 36 of the representation of the people act, which provides for scrutiny of nominations, it is open to the returning officer to refuse any nomination 'after such summary inquiry, if any, as he ..... i. p. c., in respect of a nomination paper filed by him be-fore the returning officer on 12-10-1951 under section 33 of the representation of the people act, 1951. there was a quadrangular fight to fill a seat in the himachal pradesh legislative assembly from the rajgarh constituency, the present petitioner satya dev .....

Dr. Rakesh Kumar Vs. Shri J.P. Negi and anr.

Court : Himachal Pradesh

Reported in : AIR1992HP21

..... arisen on account of a preliminary objection taken up by respondent 2 that the petitioner has failed to comply with the mandatory provisions of section 81(3) of the representation of the people act, 1951 (hereinafter referred to as 'the act') inasmuch as the petition was not accompanied by as many copies thereof as there were respondents mentioned in the petition. also ..... the petition.issue no. i runs as follows :--'whether the petition is liable to he dismissed due to non-compliance of the provisions of section 81(3) of the representation of the people act as alleged?issue no. 1:3. both the panics were afforded due opportunity to adduce evidence on the above issue. whereas respondent 2 examined shri m.r.verma .....

NaraIn Chand Prashar Vs. Prem Kumar Dhumal and ors.

Court : Himachal Pradesh

Reported in : AIR1993HP84

..... and by other persons, with the consent of returned candidate and his election agent; (c) the improper reception and rejection of votes; and (d) violation of rules made under the representation of people act, 1951 (hereinafter called as 'the act').3. the corrupt practices alleged are: (a) bribery; (b) undue influence; (c) appeal on the ground of religion and caste; (d) promotion ..... the petition does not disclose any cause of action and is liable to be dismissed for the non-compliance of the provisions of sections 83 and 86 of the representation of the peoples act, 1951?opr1 4. what is the effect of the non-productionof tape-recorded cassette recording thealleged speech of sadhvi ritambra and thenon-supply of its copy to respondent .....

Som Krishan Vs. Paras Ram and ors.

Court : Himachal Pradesh

..... empowered to permit certain amendments. further as i have already pointed out, the scheme of the territorial councils act is not identical with that of the representation of the people act. the important difference, in my opinion, lies in the scope of the application of the c. p. cede to the trial of election petitions ..... of provisions. for instance, while section 90 (3) of the representation of the people act, provides for the dismissal of an election petition which does not comply with the provisions of section 81 (presentation) or section 82 (parties to the ..... 5) mr. k. c. pandit, for the petitioner, invited my attention to some of the provisions of the territorial councils act, 1956, and of the representation of the people act, 1951, and the rules made thereunder. he pointed out that although some of the provisions are similar, nevertheless, there are marked variations between the two sets .....

Sawan Ram and ors. Vs. Guman Singh and ors.

Court : Himachal Pradesh

Reported in : AIR1959HP25

..... elections to the territorial councils, and the language of the statute is not ambiguous, there would be no justification to borrow from the provisions of the representation of the people act in order to ascertain whether a particular election petition filed under the territorial councils act is within time or not. mr. kalia rightly pointed out ..... som krishnan v. paras ram, air 1958 him pra 26, ii had occasion to compare the scheme under the territorial councils act with that of the representation of the people act. in that connection, i pointed out that under the territorial councils act, there was greater scope for the application of the procedure laid down in ..... the civil procedure code to the trial of election petitions than under the scheme of the representation of the people act. 12. to sum up, therefore, i am clearly of the opinion that the expression 'date of notification of the result of election' to be .....

Rikhi Ram Kaundal Vs. Shri Ganu Ram and ors.

Court : Himachal Pradesh

..... other three candidates.2. the petitioner who had contested the election as an independent candidate has brought the present election petition under sections 81, 100 and, 101 of the representation of the people act, 1951 (hereinafter called 'the act'), praying that the election of respondent no. 1 be declared void. a further prayer initially made in the election petition was that after ..... every state. the actual reservation of such seats for scheduled castes and scheduled tribes in the legislative assemblies of the various states is made under section 7 of the representation of the people act, 1950. the seat in question is thus reserved for scheduled castes under a valid law. it is, therefore, undeniable that one of the essential qualifications for a candidate .....

Vikram Anand Vs. Rakesh Singha

Court : Himachal Pradesh

Reported in : AIR1995HP130

..... disqualified for being chosen as member of himachal pradesh legislative assembly as he had incurred the disqualification under sub-sec. (3) of section 8 of the representation of the people act, 1951 and, therefore, his nomination paper ought to have been rejected by the returning officer in accordance with the provisions of section 36(2)(a ..... to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the representation of the people act, 1950 (43 of 1950). (8) immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded ..... fill the seat of 8th assembly constituency having been convicted and sentenced to imprisonment for not less than two years as provided under section 8(3) of the representation of the people act, 1951 (hereinafter called 'the act).2. in election petition no. 5 of 1994, which has been filed by a defeated candidate, sh. suresh .....

Rajinder Zar Vs. Manjit Singh Dogra and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP145

..... help the case of the petitioner at all. under rule 5 of the rules framed by the high court of delhi in regard to election petitions, under the representation of people act, 1951, as applicable to himachal pradesh, the time fixed for the presentation of the election petitions has been fixed during the court hours.23. as per ..... the punjab high court will not be applicable, but on the other hand, the rules made by the high court of delhi in regard to election petition under the representation of the people act, 1951, vide notification no. 21 dated 21-4-1967, published in the delhi gazette, part ii, section i no. 18 dated 18th may, 1967, shall ..... , respondent no. 2, shri ram rattan sharma, was another defeated candidate. the said election has been challenged through the present election petition preferred under section 81 of the representation of the people act, 1951 (hereinafter to be called as 'the act') on various grounds. it has been prayed that the election of respondent no. 1 to the h. p. .....

Moti Ram and anr. Etc. Vs. Moti Ram

Court : Himachal Pradesh

Reported in : AIR1991HP68

..... was averred that the copies of the petitions served upon him were not the true copies of the original and, therefore, the provisions of section 81(3) of the representation of the people act, 1951 (hereinafter referred to as 'the act') had not been complied with. also, the petitions and annexures attached thereto had neither been signed nor verified in the manner .....