Court : Allahabad
Reported in : AIR1964All86
..... cases, both english and indian. in england the relevant provision relating to inspection of ballot-papers and other election papers is section 57 of the english representation of the people act, 1949. !t is not necessary to reproduce that provision. suffice it to say that the law in england is that the ballot-papers can ..... act or the rules framed thereunder. in mallappa basappa v. desai basavaraj ayyappa : [1959]1scr611 the supreme court clearly held that the provisions of the representation of the people act as a whole constitute a seif-contained code governing the trial of election petitions. the allahabad amendments cannot override form no. 25. the affidavit filed ..... those of the petitioner were controverted. inter alia, an objection was also taken that the petitioner had not complied with the provisions of section 83 of the representation of the people act, 1951, and that the allegations made in the petition were vague and the petition has liable to be dismissed.5. on the 8th of august .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All145
..... d. under the directions of the respondent. this has been pleaded by the petitioner to constitute a corrupt practice within the meaning of s. 123 of the representation of the people act.20. in para 12 of the petition the petitioner has pleaded that the election commissioner or the government or the respondent himself did not direct the police ..... names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice.5. section 100 of the representation of the people act, 1951 (hereinafter referred to as the act) contains the grounds on which the election of a returned candidate can be questioned.6. in para 8 of ..... summary manner on the ground that it does not disclose a cause of action as the petition fully complies with the requirement of sec. 83 of the representation of the people act which deals with the contents of the petition and lays down that the petition shall contain a concise statement of the material facts on which the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All201
..... that the result of the election in so far as it concerns the returned candidate has been materially affected by a non-compliance with the provisions of the representation of the people act, 1951, the conduct of election rules and the provisions of the election symbols (reservation and allotment) order, 1968. in other words, he seeks the ..... election of the respondent to be declared void under section 100(1)(d)(iv) of the representation of the people act, 1951 (hereinafter referred to as the act).2. the petitioner's case very briefly stated is as follows:that the respondent who had filed his nomination ..... framed :--1. whether the result of the election of the respondent has been materially affected by the non-compliance with the provisions of section 38 of the representation of the people act and rule 10 of the conduct of election rules and also the provisions of paragraphs 8 and 13 (b) of the election symbols (reservation and allotment .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All199
..... the election dispute relating to the assembly and the parliament under article 71 of the constitution. the language of sub-s. (1) of s. 80a of the representation of the people act, 1951, which is relevant, is as extracted below:--'(1) the court having jurisdiction to try the election petition shall be the high court.'the provision by ..... election petition functions as a tribunal, the controversy hinges around as to whether the inherent power is available to the high court while functioning as a tribunal under the representation of the people act, 1951, the high court is, no doubt, a court and it inheres, in its very constitution, all such powers, as may be necessary, to ..... submitted that this court has held in election petn. no.9 of 1991, ram nakshtra v. ramapati, as under :--'the position of the high court under the act (representation of the people act, 1951) is akin to that mentioned in the case (supra) (air 1978 sc 499, charan lal sahu v. shri neelam sanjeeva reddy) that it functions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All426
..... constitution, which, as discussed above, may or may not after the conclusion of the entire election, be made a ground under sections 100 of the representation of the people act for calling the election in question but an application under article 226 of the constitution challenging the validity of the impugned act which forms port of ..... is to be an independent body, at the stage when the matter is brought up before it.'5. this takes us to the provisions of the representation of the people act. section 80 of the act provides that no election shall be called in question except by an election petition presented in accordance with the provisions of ..... government. in other words, free and fair elections are a basic postulate of a free democratic society. the concept of demorcracy, therefore, pre-sup-poses the representation of the people in the parliament and state legislature by the method of election. part xv of the constitution deals with the matters: relating to election. the scheme and scope .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All552
..... case had been made out by the petitioner for claiming a recount.20. sri kacker for the first respondent then contended that under the scheme of the representation of the people act an election of a returned candidate can only be questioned on the statutory grounds for setting aside the election mentioned in that act and there being no ..... which have been cited by sri khare this question was posed or considered and those cases cannot be relied upon for the proposition that the provisions of the representation of the people act contemplate the setting aside of an election on the ground of miscount. sri khare in answer submitted that the law on this score was well settled ..... and, a long series of decisions of the election tribunals and the high courts in india even alter passing of the representation of the people act have accepted that a miscount is a valid ground for questioning the election of a returned candidate. sri khare relied on the rule of stare decisis .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP306; 1963MPLJ570
..... vidyacharan shukla respondent no. 1 -- the successful candidate to the loksabha from mahasamund constituency is void for corrupt practices coming under section 123(4) of the representation of the people act; of 1951. he shall pay the appellant costs of this appeal which we assess at rs. 300-00 (three hundred) subject to the usual ..... that candidate's election, and the candidate publishing such statement would be guilty of acorrupt practice within the meaning of section 123(4) of the representation of the people act.'on the other hand, an allegation that gangs of dacoits are canvassing for a particular candidate may not be an allegation against personal character ..... has been expressly excluded, which is altogether wrong, there being no exclusion whatsoever either in section 116a , or in any other section of the representation of the people act of 1951. the rulings cited by the respondent indicate that he is really thinking of cases where the principles of limitation applicable are contained in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori8
..... that the evidence of these witnesses should not have been rejected merely because they are either workers or members of the appellant's party, inasmuch as the representation of people act itself authorises a candidate to engage workers orpolling agents to actively canvass on his behalf. there might have been some force in this argument if, from ..... he showed this note to his lawyer when the election petition was being drafted. clause (b) of sub-section (1) of section 83 of the representation of the people act expressly says that an election petition shall include as full a statement as possible of the names of the parties alleged to have committed such corrupt ..... the election was on the ground that the respondent was guilty of commission of corrupt practice as described in sub-section (4) of section 123 of the representation of the people act, 1951. it was alleged that the respondent got printed and widely circulated a leaflet in oriya with the heading 'voter mananka prati chetabani' (a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2602; (1974)3SCC415; [1974]1SCR548
..... decisions.11. before doing so, we think it proper to refer to the provisions of the constitution and the representation of the people act, 1950 and 1951 (hereinafter called the '1950 act' and '1951 act' respectively) which have a bearing on the subject.12. article 326 of the ..... and enter the names of respondents 4 and 5 in the election petition in the electoral roll in violation of the provisions of section 19 of the representation of the people act, 1950. it is, therefore, necessary to examine the decisions of this court to see whether the finding of the high court is justified by those ..... illegally entered in the electoral roll of the respective constituency in gujarat and as they were not 'electors' within the meaning of section 2(1)(e) of the representation of people act, 1951, they were not eligible to become candidates in the election. respondent no. 1 also raised several other contentions in support of the declaration prayed for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC758; [1955]2SCR450
..... : (1) that as the disqualification with respect to the return of her election expenses had been removed by the election commission under section 144 of the representation of the people act, 1951, this question could not be reopened; (2) that a minor corrupt practice which cannot vitiate an election and which is not capable of ..... ' and that she had thereby 'incurred the disqualification under clause (c) of section 7 and section 143 of the representation of the people act, 1951'. 4. in view of this the appellant submitted a fresh return with an explanation under rule 114(6) on 30th april, 1952. this ..... defective, and on 17th april, 1952, the election commission published a notification in the gazette of india disqualifying the appellant under rule 114(5) of the representation of the people (conduct of elections and election petitions) rules, 1951, on the ground that she had 'failed to lodge the return of election expenses in the manner required .....
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