Court : Supreme Court of India
Reported in : AIR1954SC749; (1954)IIMLJ714(SC); [1955]1SCR671
..... declared the election of the appellant to be void. hence this appeal filed by the unseated candidate with the special leave of this court. 3. section 77 of the representation of the people act, 1951, provides that the maximum scales of election expenses at elections and the numbers and descriptions of persons who may be employed for payment in connection with election ..... contesting a single-member constituency. the tribunal, therefore, held that the appellant was guilty, under both these heads, of corrupt practice as defined in section 123(7) of the representation of the people act, 1951, and was consequently liable to be dealt with under section 100(2)(b) and section 145 of that act. these findings as to employment of extra persons .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC1318; [1960]1SCR426
..... in order to carry out the intention of the constitution in regard to elections two acts were enacted by the parliament. the representation of people's act, 1950, (43 of 1950) (hereinafter called the 1950 act) and the representation of people's act 1951, (43 of 1951), (hereinafter called the 1951 act). the object of the 1950 act was to provide ..... the position under the relevant provisions of the act. it is necessary to begin with the definitions of parliamentary constituency and election. section 2(f) of the representation of the people act, 43 of 1950, defines a " parliamentary constituency" as meaning a constituency provided by law for the purpose of elections to the house of the ..... affected the election. that is why the appellant claimed a twofold declaration. he wanted the tribunal to declare that the election of respondent i under the representation of the people act, 1951 (act 43 of 1951) (hereinafter called the act) was void and that he had himself been duly elected to the house of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)93; AIR1996SC796; JT1995(8)SC646; 1995(7)SCALE30; (1996)1SCC169; [1995]Supp6SCR421
..... be prescribed by the rules framed under the r.p. act according to the words then used in sub-section (1) of section 81. rule 119 of the representation of the people (conduct of elections and election petition) rules, 1951 (for short '1951 rules'), prescribed that period. the 1951 rules also contained rule 2(6) which expressly provided ..... cassettes disclose any promises and/or appeals and/or extortions and/or inducements which in any manner amount to corrupt practice and or any other offence under the representation of people act, 1951 as alleged or at all and puts the petitioner to the strict proof thereof. this respondent denies that the said cassettes or either of them ..... ?5. whether the election agent or any other agent of the respondent has committed any of the corrupt practices as defined in section 123(3a) of the representation of peoples act, 1951 as alleged in the petition ?6. whether any other person with the consent of the respondent or his election agent has committed any of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3600; 2004(5)ALLMR(SC)527; 2004(5)ALT28(SC); JT2004(5)SC8; 2004(4)SCALE600; (2004)7SCC492
..... after issuance of election notification because of the specific bar found in article 329(b) of the constitution of india read with the other provisions of the representation of the people act, 1951. they also contended that the high court could not have directed the returning officer to treat the first respondent as a candidate set up ..... only. they also submitted that in view of glaring defects and omissions found in form b filed by the first respondent which are in contravention of the representation of the people act, the rules and orders made thereunder, it was only the returning officer who was competent to adjudicate on such issues and the high court could ..... presented to such authority and in such manner as may be provided for in a law made by the appropriate legislature. the parliament has by enacting the representation of people act, 1951 provided for such a forum for questioning such elections hence, under article 329(b) no forum other than such forum constituted under the r. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1733; JT1994(1)SC452; 1994(1)SCALE129; 1994Supp(3)SCC5; [1994]1SCR210
..... stated as follows :the allegations that this respondent had committed corrupt practices within the meaning of section 123(2), (3), (3a) and (4) of the peoples representation act, are all false. the publications if any, issued by the indian union muslim league or by muslim youth league have anything to do with this respondent, ..... furtherance of the prospects of election of respondent no. 1 or for prejudicially affecting the election of the petitioner attracting section 123(3a) of the representation of the people act, 1951?(4) whether the petitioner proves that respondent no. 1 has committed acts alleged in the petition of publishing any pamphlet or statement ..... the defeated candidate, respondent no. 1, shri s.k. kanta. the aggrieved, unseated candidate, (appellant) has filed this appeal under section 116a of the representation of people act, 1951 (hereinafter referred to as 'act').2. on 24.11.1989, elections were held to the karnataka legislative assembly. the appellant contested the election .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC231; JT1999(9)SC367; 1999(7)SCALE287; (2000)1SCC591; [1999]Supp5SCR70
..... declaration which they could not have believed to be true to their own knowledge. such declaration would attract the penal provisions of section 31 of the representation of the people act, 1950.(f) that district election officer of guwahati and the chief electoral officer of the state of assam have clearly gone beyond their jurisdiction ..... rolls, vested in it by virtue of article 324 of the constitution, the powers to issue specific or general directions under section 22 of the representation of the people act, 1950 and all other powers enabling it in this behalf, directs as follows:(a) that the electoral registration officer of 52-dispur assembly constituency ..... consequently, the quashing of the orders dated 1st march and 3rd march, 1994 and notices dated 2nd february and 16th february, 1994.12. section 20 of the representation of the people act, 1950 defines 'ordinarily resident'. sub-sections (4), (5) and (7) thereof are relevant here; they read thus:(4) any person holding any office .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2002)10SCC102
..... stage.it appears to us that the election petition does not contain any allegation which can be said to fall within the provisions of section 123(7) of the representation of the people act, 1951, and that, therefore, an affidavit that meets the requirements of the proviso to section 83 was not necessary.it is not disputed, in the second place, that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC64; (1952)IMLJ775(SC); [1952]1SCR218
..... to be presented after the election is over, and there is no remedy provided at any intermediate stage. 20. it was argued that since the representation of the people act was enacted subject to the provisions of the constitution, it cannot bar the jurisdiction of the high court to issue writ under article 226 of ..... really a code in itself providing the entire ground work for enacting appropriate laws and setting up suitable machinery for the conduct of elections. 16. the representation of the people act, 1951, which was passed by parliament under article 327 of the constitution, makes detailed provisions in regard to all matters and all stages connected with ..... court under article 226 of the constitution for the following reason - scrutiny of nomination papers and their rejection are provided for in selection 36 of the representation of the people act, 1951. parliament has made this provision in exercise of the powers conferred on it by article 327 of the constitution which is 'subject to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC513; 1954(2)BLJR436; (1954)IIMLJ379(SC); [1955]1SCR509
..... case of jagdish singh v. shri rudra deolal etc. (gazette of india (extraordinary) october 13, 1953), was one under section 100(1)(c) of the representation of the people act. it was held that the question should always be decided on the basis of the material on the record and not on mere probabilities. the tribunal ..... evidence was adduced. this acceptance of the nomination on the part of the returning officer is challenged as being improper under section 36(6) of the representation of the people act and as the result of the election according to the objector has been materially affected by the improper acceptance of this nomination, the tribunal is ..... 5 respectively. the first respondent having secured the highest number of votes was declared duly elected. three electors filed a petition under section 81 of the representation of the people act (act xliii of 1951) praying that the election of the returned candidate be declared void and that respondent no. 2 be declared to have been .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1099; [1964]6SCR129
..... the course of my judgment. it would be convenient at the outset to read the relevant provisions of the act and those of the limitation act. 20. the representation of the people act, 1951. 21. decision of the tribunal : section 98. at the conclusion of the trial of an election petition the tribunal shall make an order :- ..... art. 156 in the calcutta and madras decisions to which we have referred were upheld, there could be no controversy that an appeal under s. 116a of the representation of the people act would be 'under the code of civil procedure', for s. 166a(2) enacts, to read the material portion : '116a. (2) the high court ..... article 151and article 153.------------------------------------------------------------------------ 7. the argument was that though the right of appeal in the case before us was conferred by s. 116a of the representation of the people act and it was by virtue thereof that the appeal was filed by the respondent to the high court, it was still an appeal 'under the .....
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