Court : Karnataka
Reported in : AIR1961Kant106; AIR1961Mys106
..... for the conveyance of electors to the polls which vitiates an election is also an electoral offencepunishable under section 133 of the representation of the people act. section 127 of the representation of the people act makes the disturbance of an election meeting, which might also constitute undue influence within the meaning of clause (2) of ..... corrupt practices referred to in the election, petition, it would be necessary to refer to the relevant statutory provisions. 16. section 123 of the representation of the people act explains the seven corrupt practices which have to be regarded as corrupt practices for the purposes of the act. sub-section (1) of section ..... . the election of the appellant was challenged by the respondent by an election petition presented by him under the provisions of section 80 of the representation of the people act. if was challenged on every ground of objection created by the statute. the election petition incorporated in one most mis-arranged mass a multitude .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(7)SC590; 1995(6)SCALE155; (1995)6SCC721; [1995]Supp4SCR633; 1996(1)LC73(SC)
..... murshidabad. it was claimed that this is the duty cast on the election commission to make such a change by virtue of section 9(1)(b) of the representation of the people act, 1950 (for short "the r. p. act, 1950). a writ of mandamus was claimed in the writ petition to direct the election commission to make ..... into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine: provided that such readjustment shall not affect representation in the house of the people until the dissolution of the then existing house: provided further that such readjustment shall take effect from such date as the president may, by order, ..... article." this is the prescribed limit within which readjustment can be made till the next census figures have been published after the year 2000. the representation of the people act, 1950, is an act to provide the allocation of seats in and the delimitation of constituencies for the purpose of election to, the house of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD140; 2001(3)ALT504
..... shall be allotted two seats to the state of goa, and one seat to the union territory of daman and diu in the house of the people and the firstschedule to the representation of the people act, 1950 shall be deemed to be amended accordingly.5. such amendments were permissible in terms of article 4 of the constitution of india.6 ..... more decentralisation and local self-government is the need of the day. hence any change sought to be effected in the constitution as to the relative weightage or representation of a state in the parliament ought not to be treated in such a casual or cavalier fashion but with all the care and elaborate procedure prescribed for it ..... change. if in the process the legislature of andhra pradesh has not even been consulted and as such the loss in weightage was gone even unnoticed by the people of andhra pradesh how unjust and unwarranted the whole procedure looks. the meaning of democracy itself is negated by such cavalier enactment, made in the face of constitutional .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC682; (1976)4SCC291; [1977]1SCR573
..... as to whether his expenses exceeded the prescribed limit. it has not been disputed that act 40 of 1975 by which amendment was made in section 77 of the representation of the people act, 1951 has a retrospective effect and was in operation at the time the election with which we are concerned was held.5. mr. sharma has next contended ..... prescribed limit of rs. 2,500. the said amount of rs. 500, we find, was paid by the respondent to manipur people's party on december 5, 1973. according to an amendment made in section 77 of the representation of the people act, 1951 by act 40 of 1975, every candidate at an election will either by himself or by his election agent ..... the gauhati high court. the appellant has now come up in appeal against the judgment of the high court.2. the respondent, who was a candidate sponsored by the manipur people's party secured 5,033 votes, while the appellant who was his nearest rival secured 2,473 votes. there were some other candidates, but we are not concerned with .....
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 : Mumbai
Reported in : 2007(1)ALLMR103; 2006(6)MhLj552
..... -the term 'election' as occurring in article 329 has been held to mean and include the entire process from the issue of the notification under section 14 of the representation of the people act, 1951.their lordships of the apex court observed that the election disputes are not just private civil disputes between two parties and held that the order of the ..... commission of india through secretary v. ashok kumar and ors. reported in : (2001)illj601sc and in the case of union of india v. association for democratic reforms and anr. with peoples union for civil liberties and anr. v. union of india and anr. reported in air 2002 scw 2186. in the first case, the election commissioner had issued directions by notification .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)MhLj716
..... clear as eloquent from sub-section (2) of section 428 and as interpreted and on the lines on which the guidance can be sought from the precedents under the representation of the people act. in this situation, had the relief which ought to have been prayed for sought, would have automatically followed, but cannot be construed to automatically follow now in absence ..... remedy was available and has not been resorted to.11. we find that the election law has all throughout been recognized as a law of hyper technicalities. representatives of the people are expected to be extremely diligent in the matter of challenge to the election. this is rather the only reason why the limitation prescribed for challenging the declaration of returned .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2004Kant471
..... the ground that the petition filed by the petitioner was not maintainable as it does not attract any of the provisions of section 100 of the representation of the people act, 1951.7. this court after hearing the learned counsel for the petitioner and respondents and based on the memo filed by the learned counsel ..... being aggrieved by the election results, declaring the 1st respondent as an elected candidate, the petitioner filed the present election petition under section 81 of the representation of the people act, 1951 on three grounds.4. according to the petitioner, the returning officer has committed an error in rejecting the nomination of ashok s/o masoodappa ..... and the election of the 3rd respondent was set aside on the ground that he had incurred disqualification to contest the election under section 9a of the representation of the people act, 1951. thereafter, a notification was issued on 22-1 -2003 by the government of karnataka, notifying the calendar of events for by-election to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC851; (1969)1SCC455; [1969]3SCR400
..... , j. i agree that the statements contained in exh. p amount to a corrupt practice under section 123(2) of the representation of the people act and also agree that those statements were made with the consent of the returned candidate. hence this appeal has to be dismissed ..... the gujarat state assembly from mehsana state assembly constituency under section 123(2), section 123(3) and section 100(1)(b) of the representation of the people act, 1951- hereinafter referred to as the act.2. the high court held that certain speeches made by shambhu maharaj, with the consent ..... an appeal to vote on the ground of the appellant's caste. there is no use hiding the fact that communal and regional representations in all our political institutions have become a must. shambhu maharaj merely gave expression to that fact from public platforms. one may ..... 1. this appeal under section 116-a of the representation of the people act, 1951, is directed against the judgment and order of the high court of gujarat in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC1111; (1969)1SCC667; [1969]3SCR597
..... seat under any of the provisions of sections 51 and 69 of the constitution and part vi of this act;....8. form 2a of the j. & k. representation of the people (conduct of election and election petition) rules, 1957 prescribes the form of nomination paper for election to the legislative assembly.9. it is common case that along ..... the constitution of the state as by law established and that i will uphold the sovereignty and integrity of india.7. section 44 of the j. & k. representation of the people act, 1957 provides for presentation of nomination papers and prescribes certain requirements for a valid nomination. section 45 provides for deposits. section 46 deals with notice of ..... to the name of nikka ram's father was not a ground for rejecting his nomination paper having regard to section 44(4) of the j. & k. representation of the people act, 1957. the high court also rejected the additional contention that narain dass had not made a deposit of rs. 125 in conformity with section 45(2) .....
Tag this Judgment!