Court : Punjab and Haryana
Reported in : AIR1987P& H263
..... brundaban nayak had incurred a disqualification subsequent to his election under article 191(1)(e) of the constitution, read with section 7 of the representation of the people act 1951. on 10th september 1964, the chief secretary to the government of orissa alleging that the appellant brundaban nayak had incurred a disqualification ..... subsequent to his election under article 191(1)(e) of the constitution, read with section 7 of the representation of the people act 1951. on l0th september 1964, the chief secretary to the government of orissa alleging that the appellant brundaban nayak had incurred a disqualification ..... subsequent to his election under article 19(1)(e) of the constitution, read with section 7 of the representation of the people act 1951. on l0th september 1964, the chief secretary to the government of orissa forwarded the said complaint to the election commission of india .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1999)121PLR633
..... the candidate has made and subscribed the oath or affirmation before an authorised officer for that election.23.3 section 36(2)(a) of the representation of the people act, 1951 requires that on the date for the scrutiny of nominations the nominated candidate should have the requisite qualification including the qualification of ..... faith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india.' section 100 of the representation of people act, 1951 (relevant portion) is in the following terms:'100. grounds for declaring election to be void.- (1) subject to the provisions of sub ..... the petition may be noticed.2. the notification for holding haryana legislative assembly election was issued by the governor of haryana under section 15 of the representation of people act, 1951 (hereinafter referred to as the act) calling upon the various assembly constituencies in the state of haryana to elect members of haryana legislative .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H244
..... circumstances i am of the view that the issuing of this poster is a corrupt practice within the meaning of clause (2) of section 123 of the representation of the people act.'the discussion regarding the second poster is in the following passage:'he (shri karam chand bhandari) is a respectable person. it can safely be deduced that ..... was his highness raja sir harinder singh, the erstwhile ruler of the state of faridkot.the election was challenged in a petition filed under section 81 of the representation of the people act, 1951, by two voters of the constituency, umrao singh and lall singh, who had admitted in the course of evidence to be employed by his ..... corrupt practice. shri jagjiwan ram is a veteran congress leader and was minister for railways during those days. he must be supposed to have great influence over she people. the respondent must be supposed to have adopted this fraudulent device with a view to influencing the voters in his favour by utilising the name of shri jagjiwan .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H40
..... which reliance was placed were made particularly in the background of these facts and in particular in connection with the claim under section 101 of the representation of the people act that the election petitioner be declared elected. it was in those circumstances that their lordships had opined that no recount could be ordered nor ..... to a mere infraction of a statutory provision, but even to the infraction of the supreme law of the land, namely, the constitution itself. the representation of the people act apart, the whole gambit of other electoral laws, to which detailed reference at this place is unnecessary, would highlight the salient principle that the verdict ..... i am unable to agree with either limb of the aforesaid twin submission. a bare reference to the basic election statute in the country, namely, the representation of the people act, 1951, would show that it is only in the case of such fundamental infirmities like the commission of a corrupt practice, the improper rejection of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1996P& H271; (1996)112PLR70
..... , trial of election petitions, procedure before the election tribunal and the grounds for declaring the election to be void are the same as under the representation of the people act, 1951. judgments rendered by the supreme court of india regarding recount of votes, reference to which has been made in the foregoing paragraphs, ..... 66 of the punjab state election commission act, 1994, deals with counting votes, declaration of result and publication of result. it is parimateria to the representation of the people act. 1951, and the rules framed thereunder. section 73 of the punjab state election commission act, 1994, deals with filing of election petitions. the ..... emphasis the maintenance of secrecy of votes i.e. the same emphasis which has been mandated by the legislature while enacting the representation of the people act, 1951. reference to the representation of the people act, 1951, and the rules framed thereunder is being made as the provisions under this act and the rules framed thereunder .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1989P& H42
..... first election after the commencement of the constitution. his election was challenged by way of an election petition before the election tribunal, hissar under section 80 of the representation of the people act, 1951 (for short called 'the 1951 act'), inter alia, on the ground that the nomination papers of one sher singh had been improperly rejected. ..... was a duly elected member of the legislative assembly of the erstwhile state of punjab. he subscribed to the oath referred to in section 3(1) of the representation of the people act, 1951 and received his emoluments like constituency allowance etc., for the period he served as a member from feb. 1952 to may, 1953. he, therefore ..... pension shall be admissible under sub-section (1) to a member in respect of the term and during the period for which he is disqualified under the representation of the people act, 1951, or any other law for the time being in force.' it is by now well settled that the period of disqualification of six years provided .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H472
..... to the haryana legislative assembly from the julana constituency in the year was challenged by shri dal singh, the defeated candidate, whose petition filed under the representation of the people act succeeded. respondent no. 4 was held guilty to have committed corrupt practices and he was disqualified for a period of six years. it is stated ..... that under section 11a of the representation of the people act (hereinafter called the people act) he was disqualified for voting at any election.secondly, it is urged that the sarpanches and panches elected under the punjab gram ..... is governed by the statute which governs such an institution or the corporation. if the markets act does not expressly provide that a particular disqualification under the people act would also be regarded as a disqualification under it, then a person cannot be disqualified to seek election under the markets act.4. section 5 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H45
..... exchequer. the respondent, thus held an office of profit. on the other hand his learned counsel referred to the provisions of section 10 of the representation of the people act providing for the disqualification for office under government or company or corporation. a plain reading of the section shows that it is the managing agent, ..... majri block in the constituency of the respondent. this constitutes a corrupt practice, as provided in sub-section (7) of the section 123 of the representation of the people act inasmuch as the respondent obtained the assistance of the prospects of his election.15. on the other hand learned counsel for the respondent contended that ..... this contention the following head note of smt. sahodrabai rai v. ram singh tharwar, air 1968 sc 1079 may be reproduced with advantage :--'under the representation of the people act, details of corrupt practice or averments too compendious for being included in the election petition may be set out in the 'schedules or annexures to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1996P& H280; (1996)114PLR396
..... illegality in the counting, ordinarily it would not be proper to order recount on the basis of bare allegations in the election petition.'7. this case was under the representation of the people act, 1961. a division bench of this court in bharat singh v. dalip singh, (1996-1) 112 plr 70, while dealing with the haryana panchayati raj act, 1994, and ..... be given a declaration of having been duly elected, have been given in chapter ii-a of the act, which in turn is akin to the provisions of the representation of the people act, 1961.6. it has been repeatedly held by the supreme court of india as well as this court that an order of recount cannot be passed on the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H175
..... it is proved that he is subject to disqualification mentioned in section 16 of act 43 of 1950. the counsel next referred to section 5 of the representation of the people act, 1951, which provides for the qualifications for membership of a legislative assembly. it lays down that 'a person shall not be qualified to be ..... of allegiance or adherence toa foreign state and thus the respondent is disqualified to remain a member of the legislative assembly under section 100(a) of the representation of the people act. '(c) that the said improper acceptance of the nomination paper o the respondent has materially affected the result of the election in this constituency as ..... a citizen of india as defined in article 173 of the constitution and thus was not even eligible to become an elector under section 5(c) of the representation of the people act, 1951. the respondent hails from burma and ho never acquired the citizenship of india. his parents still reside at 24c, block, zeago bazar mandalay (burma .....
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