Court : Punjab and Haryana
Reported in : AIR1965P& H457
..... tribunal. after going through the evidence and the judgment of the learned tribunal. in common with court s of appeal this court also under s. 116a of the representation of the people act does not reverse conclusions of fact based on oral evidence merely on the ground that a different conclusion than the one arrived at by the election tribunal might ..... for communal or religious elections in our set-up. but we are here only concerned with the intention of the parliament in enacting s. 123(3) of the representation of the people act, and this provision only taboos appeal for a vote on the ground of the candidate's religion or language, and if the appeal does not encroach on the ..... for this reason he is now estopped from urging to the contrary.(7) the respondent has, on the other hand, contended that what s. 123(3) of the representation of the people act obits at is an appeal to vote or to refrain from voting on the ground of the candidate's religion, community or language etc, and not merely on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H66
..... of the case, it appears to me that the learned election tribunal was wholly wrong in holding that the provisions of section 117 of the representation of the people act, 1951 were not complied with and in dismissing the election petition on this ground. the government treasury receipt enclosed with the petition clearly shows ..... that no other evidence except the depositreceipt itself could under the law be adduced andthat the receipt did not show that the provisions ofsection 117 of the representation of people act hadbeen complied with. against this decision thepresent appeal has been preferred. ;3. mr. harbans singh doabia counsel for the respondent has raised a ..... assembly from kaithal constituency had been dismissed on the ground that the election petition, did not comply with the mandatory provisions of section 117 of the representation of the people act, 1951.2. the above election petition challenging the election of shrimati om prabha jain was filed on the 24th of april, 1957. on the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H215
..... be answered is whether the election petition can be rejected at the outset on account of nondisclosure of cause of action/material facts and particulars. under the representation of the people act, 1951 (hereinafter referred to as 'the 1951 act'), in part vi provisions in respect of the disputes regarding elections have been laid out. in ..... on 21-2-2000 during his door to door canvassing. this action of the respondent amounts to a corrupt practice under section 123(1) of the representation of the people act. 1951.'the following defects in the pleadings have been pointed out by the learned counsel for the respondent in para 6(a) :--1) the ..... being dissatisfied with the election of the respondent, the petitioner filed the instant election petition under section 80, 81 read with sections 100 and 123 of the representation of the people act, 1951 for setting aside the election of capt. ajay singh i.e. the respondent from the rewari assembly constitutency to the haryana lesgislative assembly.2. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H129
..... both of bribery and undue influence but a little later he restricted his contention only to undue influence. 'undue influence' as defined in section 123 of the representation of the people act, 1951, is in the following terms:'123. corrupt practices. the following shall be deemed to be corrupt practices for the purposes of this act: xxx ..... be able to prove the commission of this corrupt practice by any agent or any other person). were rules 18(2), 56(iii)(d) of the representation of the people (conduct of election and election petitions) rules, 1956, not complied with at the election and was the result of the election as regards the returned candidate ..... the petition were defective inasmuch as they could be opened without breaking the petitioner, amounted to non-compliance with the provisions of rule 18(2) of the representation of the people (conduct of elections and election petition) rules, 1956.(9) i have only mentioned the corrupt practices which have been argued and pressed before us by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2010P& H83
..... of the constitution for appointment as a judge of the high court;(f) under section 16 of the representation of the people act, 1950 (43 of 1950) in regard to registration as a voter;(g) under sections 3 and 4 of the representation of the people act, 1951 (43 of 1951) with regard to the eligibility for being a member of the house of ..... the people or of the council of states, as the case may be;(h) under section 5, 5a and 6 of the ..... representation of the people act, 1951 (43 of 1951) with regard to the eligibility for being a member of the legislative assembly or a .....
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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1989P& H64
..... election petitioner to make out a strong case for setting aside an election. in our country election is a fairly costly and expensive venture and the representation of the people act has provided sufficient safeguards to make the elections fair and free. in these circumstances, therefore, election results cannot be lightly brushed aside in election ..... security, certificate of oath and notice for scrutiny which was to take place on 26-5-1987. the returning officer under section 33(4) of the representation of the people act, 1951 (for short 'the act') is mandatorily required tosatisfy himself that the name and electoral roll numbers of the candidate and his proposer as ..... stage of scrutiny. it is indeed surprising that before scrutiny was done and the nomination papers were accepted by the returning officer, the two candidates and people interested in them went away from the place of scrutiny and did not remain available to the returning officer. in the circumstances, if the nomination papers .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H1
..... d) (iii) and (iv) it would be necessary to harmonise the provisions of this section with those of section 30. it seems that when by the representation of the people (amendment) act, 1966, high court was given the jurisdiction under section 100, the consequential amendment was by inadvertence not made in section 30 so as to exclude ..... provisions of the u. p. town areas act, 1914, and other u. p. statutes and the rules made thereunder as well as the provisions of the representation of the people act. 1951, which have been reproduced in the judgment. the statute provided that the impugned election was on the basis of adult suffirage and on the basis ..... the state (but not the delimitation of the constituencies). in pursuance of the powers conferred by articles 326 and 327 of the constitution, the parliament promulgated the representation of the people act no. 43 of 1950 (hereinafter referred to as the 1950 act), which, as the long title would indicate, makes provision for the allocation of seats .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H170
..... influences. in the absence of this essential pre-requisite, or representative institutions may no be able to inspire confidence and our democratic set-up founded on the principle of people's representation would seem to rest on weak foundations. if our experiment in panchayat raj in villages is to succeed and if we except effectively to train rural india in the democratic ..... a provision for its speedy disposal and such provision must be effectively enforced. the parliament has in its wisdom made such a provision in section 90(6) in the representation of the people act, 1951. it is true that in some cases parties have managed to defeat the purpose of this provision by unduly prolonging the proceedings. but by and large this .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H77
..... political party to mean an association or body of individual citizens registered with the commission as a political party under s. 29a of the representation of the people act, 1951. para3 provides for additional particulars to be submitted with an application for registeration as apolitical party to the commission. para 5 ..... this act under sub-sec. (i) thereof. sub-sec. (2) contemplates such associations or bodies which were in existence at the commencement of representation of the people (amendment) act, 1988 to make such application within 60 days from such commencement and for associations or bodies formed thereafter within 30 days next ..... subsequently announced. in order to appreciate the legal arguments arising from such submissions it is necessary to refer to the provisions of the constitution, the representation of the people act, 1951, and the symbol order of 1968. the election commission is constitutional entity. chapter xv of the constitution specifically deals with the subject .....
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