Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 139 repealed Page 16 of about 313 results (0.037 seconds)

Nirmalendu Banikya Vs. the Returning Officer and ors.

Court : Guwahati

..... by this order. 5. main contention in the above petition is that the election petition does not disclose any cause of action as required under the provisions of the representation of the people act, 1951 and election symbol (reservation and allotment) order, 1968, as well as, conduct of election rules, 1961. referring to provisions of para 13 of the ..... the election. it has been alleged thatthe refusal to allot the said symbol amounts to non-compliance of the provision of section 100(d) (iv) of the representation of the people act, and as such the election of the respondent no. 2 is liable to be declared void. according to petitioner due to fighting of election as an ..... time. 2. the respondent no. 2 has filed the present petition under order vii, rule 11, c.p.c. read with sections 86 and 87 of the representation of the people act, 1951 praying, inter alia, that the election petition may be dismissed/ rejected. 3. from the election petition it appears that the above constituency was a reserved .....

Sadasheo Jagannath Barapatre Vs. Hemaji Hiraman Bakde

Court : Mumbai

Reported in : AIR1958Bom507; (1959)61BOMLR1141; ILR1958Bom1361

..... provinces and berar municipalities act and it raises a somewhat interesting and important question as to the construction, and effect of section 74(2) of the representation of the people (second amendment) act (central act 27 of 1956).2. the question arises in the following circumstances. the applicant sadasheo jagannath barapatre had at one ..... imposed under law relating to ejections to state legislatures or houses of parliament. mr. kulkarni then invited attention to the provisions of section 74 of the representation of the people (second amendment) act, 1956 (27 of 1956) and ho urged that by virtue of section 74 (2) the alleged disqualification against the applicant ..... had ceased consequent upon the repeal or section 143 of the representation of the people act of 1951, and therefore the civil judge was in error in holding the applicant disqualified on that ground.10. to the second contention raised .....

Khaje Khanavar Khadskhan Hushenkhan and anr. Vs. Siddavanhalli Nijalin ...

Court : Karnataka

Reported in : AIR1968Kant18; AIR1968Mys18

..... in the employment of the state government, assistance in such a way as to amount to a corrupt practice under sub-section (7) of section 123 of the representation of the people act.(5) there were at the same election seven other candidates, namely, (1) basvantrao bullappamamle desai (2) ramchandra chikke patil (3) mallasarjagouda gurupadgouda patil ( ..... for the first respondent suffered from certain fatal infirmities.one of them is alleged non-payment of the deposit as required under s. 34 of the representation of the people act. the first respondent is an elector not in shiggaon constituency but in the chitradurga constituency. it was therefore necessary to produce before the returning ..... the name of the first respondent was enclosed with the nomination paper that the requisite sum had been duly deposited under s. 34 of the representation of the people act, that the first respondent did solemnly affirm in accordance with the law before him on 21-1-1967 before the scrutiny or his nomination .....

C. Veerabhadraiah Vs. C. Channigappa and ors.

Court : Karnataka

Reported in : ILR2001KAR4317; 2002(1)KarLJ279

..... by the improper reception of votes which is void; and (iii) by the non-compliance with the provisions of the constitution and the provisions of the representation of the people act, 1951 as also rules and orders made under the act'.it was, therefore, wrongly, found that in the absence of specific pleadings and full particulars ..... to incorporate the contents which are in the form of material facts. therefore, the application cannot be allowed. further, he contended that section 83 of the representation of the peoples act, 1954 (an 'act' in short) makes clear that corrupt practice have to be specifically pleaded by way of facts and particulars, vague allegations do ..... took place on 6-10-1999 by the returning officer, koratagere assembly constituency under section 100(1)(b) and (d)(ii), (iii) and (iv) of the representation of the people act, 1951.2. the petitioner-c. veerabhadraiah from the indian national congress (i), respondent 1-c. channigappa from the janatha dal (s), respondent 2-andanappa .....

P. Ravindra Reddy and ors. Vs. the Election Commission, Rep. by Its Se ...

Court : Andhra Pradesh

Reported in : 1995(1)ALT204

..... legislature of a state. in exercise of the power under this article , the parliament has, as already pointed out earlier, enacted the representation of the people act, 1950 and the representation of the people act, 1951. but this does not mean that the commission, on account of the aforesaid two parliamentary enactments, is divested of its ..... notification may be rescinded. it is also contended that the election commission has to act within the ambit and scope of the representation of the people act, 1950 and the representation of the people act, 1951 as both the acts have been made by parliament under article 327 of the constitution and provide for all matters ..... of a prospective candidate, the commission could recommend cancellation of the process of election, learned single judge has added or legislated a new provision in the representation of the people act which is not permissible, as laid down by the supreme court in s. narayanaswami v. g. panneerselvam, : [1973]1scr172 and dhoom singh .....

Elchuri Thulisamma Vs. Elchuri Samrajyam and ors.

Court : Andhra Pradesh

Reported in : 2004(2)ALT586

..... lal v. kanwal singh, while dealing with the aspect of seeking assistance of government servants for furthering election prospects of a candidate under the representation of the people act, 1951, the apex court held:'an election petition which merely alleges corrupt practice against successful candidate 'of obtaining and procuring or attempting ..... necessary, be divided into paragraphs.' a careful examination of the language employed in rule 3(ii) of the rules and section 83 of the representation of the people act, 1951 would clearly disclose some difference and hence though upto some extent the expressions are similar, they are not exactly in pari materia. ..... 3(ii) of the rules further specifies: '.................. particulars of any corrupt practice which he alleges'. whereas section 83(1)(b) of the representation of the people act, 1951 specifies:'an election petition shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as .....

Raghunath Misra Vs. Kishore Chandra Deo Bhanj and ors.

Court : Orissa

Reported in : AIR1958Ori260

..... this appeal against the judgment of the election tribunal (shri t. v. rao, district. judge, puri) dismissing his application under section 81 of the representation of the people act, 1951 (hereinafter called the act) for declaring void the election to the orissa legislative assembly of raja bahadur kishore chandra deo bhanj o daspalla, ..... sic) the legislature had really intended to restrict only government servants, a clear provision would have been made in the later enactment, i. e., representation of the people act, 1951, that servants of autonomous bodies like the panchayats created under the uttar pradesh panchayat raj act, 1947, would not come within the purview ..... of section 123(8) of the representation of the people act, 1951.'mr, mohapatra contends that these observations of the tribunal are authorities for the proposition heis contending for, especially in view of the .....

Bhoop Singh Vs. Bar Council of Punjab and Haryana Through Its Secretar ...

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 .....

S. Iqbal Singh Vs. S. Gurdas Singh Badal and ors.

Court : Punjab and Haryana

Reported in : AIR1973P& H163

..... placed on observations in the halsbury's laws of england based on statutory provisions in the english laws. the act is principally based on the english representation of the people act, 1949. the fact that the parliament while incorporating all necessary and relevant provisions from the english act mutatis mutandis in the indian act deliberately ..... as a party under the provisions of the civil procedure code which are expressly made applicable, to the trial of election petitions subject to the provisions contained in the representation of the people act and the rules made thereunder.'68. same view was taken by the election tribunal, bombay, in (1951)1 ele lr 194, where it was ..... created and tribunals are constituted for the trial of election petitions.' (see harish chandra v. triloki singh, air 1957 sc 444, and section 86(7) of the representation of the people act, 1951). (5) 'the true scope of the limitation enacted in section 90(2) (now section 87(1) ) on the application of the procedure .....

Vidyacharan Shukla Vs. Khubchand Baghel and ors.

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 .....