Court : Orissa
Reported in : AIR1975Ori184
..... of an election petition. the actnowhere designates the special mode of presentation. orissa high court has framed certain rules to regulate the proceedings under the representation of the people act, 1951 (act 43 of 1951). rule 4 of the high court rules provides that:-- 'every election petition accompained by copies as prescribed under ..... act. regarding applicability of limitation act, the learned judges observed--'.........the limitation act cannot applyto proceedings like an election petition inasmuch as the representation of the people act is a complete and self-contained code which does not admit of the introduction of the principles or the provisions of law contained ..... petition without authority of law? if so, has the petition become invalid, infructuous and liable to be dismissed under section 86(1) of the representation of the people act, 1951? (14) whether the relief claimed by the petitioner has become infructuous on account of the dissolution of the orissa state legislative .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1996P& H271; (1996)112PLR70
..... , trial of election petitions, procedure before the election tribunal and the grounds for declaring the election to be void are the same as under the representation of the people act, 1951. judgments rendered by the supreme court of india regarding recount of votes, reference to which has been made in the foregoing paragraphs, ..... 66 of the punjab state election commission act, 1994, deals with counting votes, declaration of result and publication of result. it is parimateria to the representation of the people act. 1951, and the rules framed thereunder. section 73 of the punjab state election commission act, 1994, deals with filing of election petitions. the ..... emphasis the maintenance of secrecy of votes i.e. the same emphasis which has been mandated by the legislature while enacting the representation of the people act, 1951. reference to the representation of the people act, 1951, and the rules framed thereunder is being made as the provisions under this act and the rules framed thereunder .....
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 : AIR1965SC183; [1964]6SCR750
..... challenged as infringing the fundamental freedom under art. 19(1)(a) of the constitution, and the court in negativing the contention held that the provisions of the representation of the people act did not stop a man from speaking : they merely prescribed conditions which must be observed if a candidate wanted to enter parliament. the right to ..... for conservation of the language of a section of the citizens cannot therefore be regarded as a corrupt practice within the meaning of s. 123(3) of the representation of the people act. that is clear from the phraseology used in s. 123(3) which appears to have been deliberately and carefully chosen. unlike art. 19(1), art ..... corrupt practices. before the tribunal he restricted his case to the corrupt practices falling within cls. (2), (3) and (3a) of s. 123 of the representation of the people act 1951. his plea of undue influence falling within clause (2) failed before the tribunal and also before the high court, and it has not been relied upon .....
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 : (1976)1SCC897; [1976]3SCR308; 1976(8)LC242(SC)
..... administration functions exercised by the high court but refers only to such contingencies as are mentioned in the conduct of the actual elections under the provisions of the representation of the people act. for instance section 39(1)(a) provides thus:39. (1) as soon as the notification calling upon the elected members or the members of ..... summer vacation starting from may 25 to july 7, 1974, was a closed holiday. thirdly the period of limitation prescribed by section 81(1) of the representation of the people act expired on june 14, 1974 during the summer vacation. in the circumstances the inescapable conclusion would be that section 10 of the general clauses act would ..... , hearing the parties he held that the petition having been filed beyond time merited dismissal under section 86(1) read with section 81(1) of the representation of the people act, 1951. the election petition of the appellant was accordingly dismissed by the high court by its order dated february 19, 1975 and it is against .....
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 : AIR1994SC2277; JT1994(3)SC39; 1994(2)SCALE391; 1994Supp(2)SCC446; [1994]3SCR271
..... roll, alleging that the authorities entrusted with the preparation of the electoral roll and revision thereof have failed to perform their duties as enjoined by the representation of the people act, 1950. according to the respondent, the draft electoral roll was published on 17-12-1989. between 18-12-1989 and 2-1-1990 about ..... the names of several persons had been included in the electoral roll before final publication of the electoral roll, in accordance with the provisions of the representation of the people act, 1950 or not, and to recount the votes polled in favour of the appellant and the respondent, after ignoring the votes of persons who ..... the high court also examined the grievance made by the respondent regarding registration of electors in the electoral roll in contravention of the provisions of the representation of the people act, 1950 and held that those who had been mechanically added to the electoral roll, without following the procedure prescribed for inclusion of the names of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC543; 2006(1)ALD125(SC); 2006(1)AWC321(SC); JT2005(9)SC545; (2006)1SCC212
..... in a constituency reserved for that tribe and to that extent, having relationship to the status of the appellant. in such an action under the representation of the people act, 1951 what is decided is whether the election petitioner had succeeded in establishing that the successful candidate belonged to a caste or community, that ..... pradesh (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificates act, 1993 was conclusive and binding on the proceedings under the representation of the people act, 1951, he did not seriously pursue that contention, obviously because of the fact that the certificate issued under that act served a different purpose ..... issue of community certificates act, 1993 or the certificate issued thereunder did not have any impact on the trial of the election petition under the representation of the people act, 1951 and that the election petition had to be tried and decided on the basis of evidence that may be adduced in it. this .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi199
..... dated 5th june 1977, that clerical mistake was rectified and polling station no. 15 was deleted from rohtas nagar-33 constituency. section 23(3) of the representation of the people act, 1950 contains a prohibition for amendment, transposition or deletion of any entry in the electoral roll of a constituency after the last date for making ..... copy the other candidates are only put to notice to check up whether that candidate is subject to a disqualification mentioned in s. 16 of the representation of the people act, 1950, otherwise the, certified copy of an entry in the electoral roll has been made conclusive evidence of the fact that the person referred ..... are stated to have been illegally excluded from constituency no. 33, in non-compliance or in contravention of the provisions of the constitution, the act, the representation of the people act, 1950 and the rules made there under. it is also pleaded that by this inclusion and exclusion the electoral roll which related to constituency no. 33 .....
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