Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 139 repealed Court: supreme court of india Page 1 of about 122 results (0.301 seconds)

Sathi Vijay Kumar Vs. Tota Singh and ors.

Court : Supreme Court of India

Reported in : 2006(14)SCALE199; 2007AIRSCW304; 2007AIRSCW304; (2006)13SCC353

..... those illegalities and irregularities had materially affected the result and the election of the returned candidate was required to be declared void under the provisions of the representation of the people act, 1951 (hereinafter referred to as 'the act') read with the conduct of the election rules, 1961 (hereinafter referred to as 'the rules'). ..... 2, 'political party' means an association or body of individual citizens of india registered with the commission as a political party under section 29a of the representation of the people act, 1951. the scheme of the symbols order shows that it does not deal with unregistered political parties. it deals with registered political parties by ..... the substitute candidate shall not be deemed to have been set up by that party for the purposes of the amended section 33 of the representation of the people act, 1951 and his nomination paper will be scrutinised by the returning officer having regard to the other provisions of that act.instructions were also .....

Ms. Krishna Mohini Vs. Mohinder Nath Sofat

Court : Supreme Court of India

Reported in : AIR2000SC317; JT1999(8)SC379; 1999(6)SCALE616; (2000)1SCC145; [1999]Supp4SCR76

..... 2, 'political party' means an association or body of individual citizens of india registered with the commission as a political party under section 29a of the representation of the people act, 1951. the scheme of the symbols order shows that it does not deal with unregistered political parties. it deals with registered political parties by sub ..... singh have been wrongly and improperly rejected and the election of respondent no. 1 is liable to be declared void under section 100(1)(c) of the representation of people act? opp4. whether the nomination papers of jagdish chand bhardwaj were wrongly accepted and the result of election has been materially affected thereby? opp5. relief-12 ..... of nomination paper of jagdish chander bhardwaj. the two grounds were covered by section 100(1)(c) and section 100(1)(d)(i) of the representation of the people act, 1951(hereinafter referred to as the 'act', for short). both the pleas have prevailed with the learned designated election judge of the high court .....

Samant N. Balkrishna and anr. Vs. V. George Fernandez and ors.

Court : Supreme Court of India

Reported in : AIR1969SC1201; (1969)3SCC238; [1969]3SCR603

..... given in the cpc can be invoked because section 87 makes the procedure applicable, as nearly as may be to the trial of election petitions, the representation of the people act itself enacts some rules which override the civil procedure code. general power of amendment or the power derived from the cpc must be taken to be overborne in ..... an election agent or by the improper reception, refusal or rejection of votes or by any non-compliance with the provisions of the constitution or of the representation of the people act or rules or orders made under it. this condition has to be established by some evidence direct or circumstantial. it is, therefore, clear that the ..... separately in sub-paragraphs a to j. sub-paragraphs a to d dealt with the invalidity of the election for non-compliance with section 62 of the representation of the people act and articles 326 and 327 of the constitution. these concerned the secrecy of ballot (a), registering of some voters in two constituencies (b), omission .....

Shri Shiv Kirpal Singh Vs. Shri V.V. Giri

Court : Supreme Court of India

Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197

..... would not be invalid by reason of the candidate making his signature before the proposer and the seconder. even subsequently, a similar provision in the representation of the people act, 1951, and the rules frame thereunder for conduct of elections and election petitions, was interpreted in the same manner by the election tribunal in ..... electoral registration officer or in the office where the chief electoral registration officer directs it to be preserved in accordance with the rules framed under the representation of the people act, 1950. in such circumstances., if the rule-making authority did not consider it safe to rely on printed copies of the electoral rolls ..... it was alleged that a poster was published against the ram rajiya parishad and jagirdars and this constituted undue influence within section 123(2) of the representation of people act, 1951. it was held that the publication of the poster constituted undue influence. the commission observed :it may be observed that an attempt to .....

Jyoti Basu and ors. Vs. Debi Ghosal and ors.

Court : Supreme Court of India

Reported in : AIR1982SC983; 1982(1)SCALE115; (1982)1SCC691; [1982]3SCR318; 1982(14)LC186(SC)

..... the questions is not whether the civil procedure code applies because it undoubtedly does, but only 'as far as may be' and subject to the provisions of the representation of the people act, 1951 and the rules made thereunder. section 87(1) expressly says so. the question is whether the provisions of the civil procedure code can be invoked ..... a constitutency to elect a member or members right up to the final resolution of the dispute, if any, concerning the election is regulated by the representation of the people act, 1951, different stages of the process being dealt with by different provisions of the act. there can be no election to parliament or the ..... the action.3. to properly appreciate the rival contentions it is necessary to refer to the relevant provisions of the constitution of india ' and the two representation of the people acts of 1950 and 1951.4. first the constitution. part xv deals with elections. article 324 vests in the election commission the superintendence, direction and .....

Dr. P. Nalla Thampy Terah Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622

..... for a parliamentary constituency and an assembly constituency in respect of various states and the union territories. clause (6) of section 123 of the representation of the people act has specifically included the incurring or authorizing of expenditure in contravention of section 77 as a corrupt practice, which, if established, would not ..... the candidates against whom election petitions are pending, it became urgently necessary to clarify the intention underlying the provisions contained in section 77 of the representation of the people act, 1951, namely, that in computing the maxi mum amount under that section any expenditure incurred or authorized by any other person or ..... political parties should be further strengthened in the manner indicated by it in paragraph 13.18.11. in england, before the passing of the representation of the people act, 1949, the view had been expressed that expenses incurred without the authority of the candidate or election agent for promoting or procuring the .....

Parmar Himatsingh Jugatsingh Vs. Patel Harmanbhai Narsibhai

Court : Supreme Court of India

Reported in : AIR1974SC951; (1974)2SCC115; [1974]3SCR453

..... person referred 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). 4. the short question that arises for consideration in this appeal is whether the nomination paper of jivabhai was improperly rejected by the ..... to be made in the roll as may be necessary to give effect to the decision of the appellate officer under this rule'.7. section 22 of the representation of the people act, 1950, provides for correction of entries in electoral rolls and section 24 pro vides for appeals against orders made under sections 22 and 23 of that act ..... expressed by this court in narbada prasad v. chhagan lal and ors. : [1969]1scr499 there was no compliance with the provisions of section 33(5) of the representation of the people act and there was no power in the court to dispense with this requirement. it is a well-understood rule of law that if a thing is to be .....

Shri Baburao Patel and ors. Vs. Dr. Zakir HusaIn and ors.

Court : Supreme Court of India

Reported in : AIR1968SC904; [1968]2SCR133

..... 'direct or indirect' have been added to indicate the nature of interference. it will be seen that if anything, the definition of 'undue influence' in the representation of the people act may be wider. it will therefore be useful to refer to cases under the election law to see how election tribunals have looked at the matter while considering ..... ask the electorate to vote for his party without interfering with any electoral right and such declarations on his part would not amount to undue influence under the representation of the people act. the fact that such a leader happened to be a minister or chief minister of the state would make no difference. it was further observed ..... the members of the congress party to support the candidates set up by the party would not amount to undue influence within s. 123(2) of the representation of the people act.' it was added that it was only where a minister abused his position for furthering the prospects of the candidate belonging to his party that undue .....

Desiya Murpokku Dravida Kazhagam Vs. Election Commission of IndiA.

Court : Supreme Court of India

..... party to be an association of a body of individual citizens of india, registered with the commission as apolitical party under section 29-a of the representation of the people act,1951, which as mentioned herein earlier, deals with registration of association of bodies as political parties with the election commission.ms. arora submitted that ..... writ petitioners, ms. meenakshi arora, learned advocate, appearing for the election commission of india, submitted that section 29-a contained in part 4a of the representation of the people act, 1951, provided a complete procedure as to the manner in which political parties were to be registered. part vof the act deals with conduct of ..... a pre-condition for recognition. accordingly, by virtue of powers conferred on it by article 324 of the constitution, read with section 29a of the representation of the people act, 1951 and rules 5and 10 of the conduct of election rules, 1961 and other powers vested init, the election commission of india made and .....

Anushka Rengunthwar Vs. Union Of India

Court : Supreme Court of India

..... 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 sections 5, 5a and 6 of the representation of the people act, 1951 (43 of 1951) with regard to the eligibility ..... relating to such legitimate expectation . within the conspectus of fair dealing in case of legitimate expectation , the reasonable opportunities to make representation by the parties likely to be affected by any change of consistent past policy, come in. we, have not been shown any .....