Court : Karnataka
Reported in : AIR2001Kant61; ILR2000KAR4449; 2001(2)KarLJ577
..... i.e., the returning officer and the district election officer were responsible to conduct elections strictly in accordance with the constitution of india and the representation of the people act, 1951 as well as the rules and various orders issued by the election commission. these respondents, according to the petitioner, were involved in ..... shimoga parliamentary constituency. in the present election petition, he has been arrayed as respondent 5.4. i am advised to submit that section 82 of the representation of people act, 1951 (hereinafter referred to as the 'act') provides that a petitioner shall join as respondent to his petition (a) all the contesting candidates ..... 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 no. the question is whether the provisions of the civil procedure code can be invoked .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All587
..... by itself, shows that the deposit is in favour of the' election commission, so that the challan satisfied the requirements of section 117 of the representation of the people act.8. the only other point that remains relates to the rejection of the other objection raised by the present petitioner that the paragraphs containing allegations ..... by saying that, even 'if the payment to a person producing the authority of the secretary to the election commission under section 121 of the representation of the people act is opposed by the original depositor, the treasury officer must make the payment to the person who produces the authority.according to him, this ..... an end and the tribunal could not, therefore, exercise jurisdiction to restore the petition and start the trial afresh.the contention was that, under the representation of the people act, the jurisdiction of the tribunal was limited to trying a petition referred to it and once the trial is concluded, the tribunal becomes functus officio .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom96; (1970)72BOMLR173; ILR1971Bom222; 1969MhLJ425
..... and in fact she is a qualified voter as contemplated by section 13(1) of the bombay village panchayats act.11. it is contended that the representation of the people act makes a provision for such a contingency and that should be applied to the elections of the village panchayats under the bombay village panchayats act also. ..... the preparation of the list of voters and sub-section (1) states that the electoral roll of the maharashtra legislative assembly prepared under the provisions of the representation of the people act, 1950, and in force on such day as the state government may by general or special order notify in this behalf for such part of ..... . this decision is challenged by the present petitioner.3. in deciding this question, the learned civil judge placed reliance on the provisions of section 62 of the representation of the people act, 1951, and particularly on clause (3) which states that:'no person shall vote at a general election in more than one constituency of the same class .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All663
..... and that he had concealed the commission of such corrupt practices by adopting the course of not complying with the requirements of section 77 of the representation of the people act and the rules framed thereunder and by making fictitious and concocted entries in the return of accounts. it is, therefore, clear that paragraph 4 ..... a candidate incurs or authorises expenditure in excess of the maximum amount allowable under the rules framed under section 77(3) of the representation of the people act. in this paragraph there is no suggestion at all that the expenditure, which was incurred by the present petitioner, exceeded the prescribed limit. there ..... as it contained fictitious and concocted entries. such an allegation cannot be held to amount to a corrupt practice under section 123(6) of the representation of the people act. under that provision of law the corrupt practice consists in incurring or authorising expenditure in contravention of section 77 which can only happen if .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP56
..... . taking into consideration the implications arising under articles 329(b) and 225 of the constitution of india and sections 80 and 87 of the representation of the people act, 1951, as well as the implications arising under the authorisation provided vide the notification dated 18-9-1971 issued in exercise of the ..... in the circumstances, taking into account in the implications arising under article 329(b) of the constitution of india read with section 80 of the representation of the people act, 1951, relating to election petitions prescribing the manner for presentation of the election petition by necessary implication stand clothed with such a statutory character ..... 1956, the high court of madhya pradesh had framed the rules relating to the election petitions presented before it as provided under the provisions of the representation of the people act. 1951. these rules were published in the madhya pradesh gazette extraordinary dated 22-2-1967. rule 2 of the aforesaid rules provides as under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP111; 2000(1)MPHT348
..... which govern the election petitions, no other rules are applicable.28. as has already been noticed herelnabove, the provisions contained insection 87 of the representation of the people act, 1951, mandates that subject to the provisions of the said act and of any rules made thereunder, every election petition shall be tried ..... in the circumstances, taking into account the implications arising under article 329(b) of the constitution of india read with section 80 of the representation of the people act, 1951, relating to election petitions prescribing the manner for presentation of the election petition by necessary implication stand clothed with such a statutory character ..... , the high court of madhya pradesh had framed the rules relating to the election petitions presented before it as provided under the provisions of the representation of the people act, 1951. these rules were published in the madhya pradesh gazette extraordinary dated 22-2-1967. rule 2 of the aforesaid rules provides as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP165; 1986MPLJ261
..... is that it does not lie. however, the former view, was adopted.although, in gujarat and madras high courts, all the relevant provisions of the representation of the people act, 1951 (hereinafter referred to as the 'act'), have been taken into consideration, yet thereafter, it has been held that appeal lies under letters patent ..... excluded.the supreme court in n.p. ponnuswami v. the ' returning officer, namakkal constituency, namakkal, salem dist., air 1952 sc 64 held that representation of the people apt is a self-contained enactment so far as elections are concerned, which means that whenever we have to ascertain the true position in regard to any ..... patent appeals samapti) adhiniyam, 1981, abolishing letters patent appeals.18. there are conflicting views on this question. according to one set of decisions, the representation of the people act, 1951, is a self-contained code which has created liability not existing at common law and at the same time gives a special remedy for enforcing .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori87
..... nomination of sri gadi nara-yanamurty but that they were challenging the revised electoral roll in contravention of the provisions of r. 22 of the representation of the people (preparation of electoral rolls) rules.this argument cannot, however, bear scrutiny. the time for challenging the validity of the revised electoral roll had ..... right to exercise their franchise provided their names are found in the electoral roll of their constituency. if they are deprived of this right the representation of the people (preparation of electoral rolls) rules prescribe the necessary procedure for rectifying the omission. but the petitioner's right to vote for a particular candidate ..... subsequent to the draft publication of the electoral roll on the 7th august, 1952, to have their names included into. rule 10 of the representation of the people (preparation of electoral rolls) rules 1950 lays down that simultaneously with the draft publication of the electoral roll, a notice shall be published calling .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker5
..... in a writ application to give a declaration that the electoral rolls have been prepared in substantial violation of the material provisions of the representation of the people act 1950 and give appropriate consequential directions.17. the learned advocate general submitted that the petitioner has no locus standi to maintain this petition ..... of election. the act provides for allocation of seats, delimitation of constituencies, qualification of voters, preparation of electoral rolls and other matters. the representation of the people act 1951, on the other hand, provides for conduct of elections to the houses of parliament and to the houses of the legislature of each ..... proper revision of the electoral rolls for the assembly constituencies in kerala state in conformity with the provisions contained in section 21 of the representation of the people act of 1951 before holding the general elections for the legislative assembly of the kerala state.'15. the learned advocate general, appearing for .....
Tag this Judgment!Court : Chennai
Reported in : 2006(2)CTC241; (2006)3MLJ129
..... elections, is carried out by the designated officers of the state governments concerned. it is felt that the provisions of the representation of the people act, 1950 and the representation of the people act, 1951, in this regard should be clearly defined so that during the relevant period, these officers would, while discharging functions ..... is also to be noted that in the counter affidavit of the election commission reference has been made to section 13cc of the representation of the people act, 1950.21. the representation of the people act, 1950, hereinafter referred to as r.p.act, 1950, is an act to, inter alia, provide for the ..... various powers relating to control of the election commission over any particular civil servant are covered by various provisions contained in the representation of the people act, 1950 and the representation of the people act, 1951 and other statutory rules and the election commission can exercise its authority only within the parameters of such provisions .....
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