Court : Supreme Court of India
Reported in : AIR1960SC148; [1960]1SCR953
..... crowed, rise now, open your eyes, be prepared for duty, yours only cock. 27. before considering this document it may be convenient to read the relevant provisions of the representation of the people act, 1951, (hereinafter called the act). s. 123 : the following shall be deemed to be corrupt practices for the purposes of this act :- * * * (3) the ..... not to vote for the party. it may be that it would come within the kind of undue influence mentioned in s. 123(2)(a)(ii) of the representation of the people act, 1951, if practised on an individual elector. but where, as we shall show later it happened in this case, this kind of appeal is made ..... containing appeals for votes on grounds of religion and thereby committed the corrupt practice of systematic appeal on grounds of religion under s. 123(3) of the representation of the people act, 1951. it is also said that the appellant himself and through his agents solicited votes by reading over and explaining the contents of the leaflets and by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC236; 1984(2)SCALE834; (1985)1SCC370; [1985]2SCR159
..... properly verified inasmuch as the source of information had not been mentioned. on behalf of the appellant, counsel drew our attention to section 83 of the representation of the people act, 1951. this point was examined by a division bench of the calcutta high court in the case of padmabati dasi v. rasik lal dhar ..... he was liable to be disqualified for corrupt practice. corrupt practice makes the election liable to be set aside under section 100(1)(b) of the representation of the people act, 1951, hereinafter called the act which is as follows :100. grounds for declaring election to be void:(1) subject to the provisions of ..... republic. our political history made it particularly necessary that the basis of religion, race, caste, community culture, creed and language which could generate powerful emotion depriving people of their powers of rational action should not be permitted to be exploited lest the imperative conditions for preservation of democratic freedoms were disturbed. section 123(2) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1626; [1966]3SCR543
..... of the part of the roll was not a complete copy of the part and therefore was not a compliance with the requirements of section 33(5) of the representation of the people act, no. 43 of 1950, (hereinafter referred to as the act). 3. the election tribunal seems to have taken the view that the copy filed along ..... the second point raised before us, namely, that the copy filed was not of the parliamentary (house of the people) constituency but of the assembly constituency. this contention also has no force. if we look at the representation of the people act, 1950 we find that part iii thereof provides for the preparation of electoral rolls for assembly constituencies. so ..... the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950.' therefore if a person is an elector in a parliamentary (house of the people) constituency and is not subject to any disqualification he can stand for election to the house of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC770; (1960)IIMLJ27(SC); [1960]3SCR91
..... 15. i agree that this appeal fails. 16. the appellant had been declared elected at an election. the first respondent filed an election petition under the representation of the people act, 1951 to have the appellant's election declared void. among other things it was said that the appellant had committed a corrupt practice which was ..... the high court declaring the election of the appellant void, this appeal has by special leave been filed. 6. section 83(1)(b) of the representation of the people act, as amended provides that an election petition shall set forth full particulars of any corrupt practice the petitioner alleges, including as full a statement as ..... of the first respondent about the commission of a corrupt practice by the appellant stood unsubstantiated. 5. in an appeal under s. 116a of the representation of the people act, against the order of the election tribunal the high court of judicature at allahabad set aside the order and declared the election of the appellant void .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC475; JT1988(3)SC662; 1988(2)SCALE679; 1989Supp(1)SCC55; [1988]Supp2SCR1063
..... nomination paper or had to be produced before the returning officer at the time of scrutiny as provided in sub-section (5) of section 33 of the representation of the people act, 1951 (hereinafter referred to as the '1951 act'). accordingly the appellant applied to the tahsildar, pune city (who was also the assistant electoral registration ..... by the returning officer rejecting the nomination paper of the appellant is as follows:i have examined this nomination paper in accordance with section 36 of the representation of the people act, 1951 and my decision is as follows:in his nomination paper the candidate shri jagannath ramchandra nunekar, resident of pune has mentioned his name as ..... to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the representation of the people act, 1950 (hereinafter referred to as 'the 1950 act'). sections 14 to 25a of the 1950 act, which are in part iii thereof, provide for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC826; JT1995(9)SC73; 1995(7)SCALE72; (1996)1SCC399; [1995]Supp6SCR492
..... answer to issues 2 and 5 has been reserved till after the final disposal of the notices issued hereunder.accordingly, i direct that separate notices under section 99 of the representation of people act, 1951 be issued to mr. bal thackeray, mr. manohar joshi, mr. chaggan bhujbal, mr. parmod navalkar and mr. pramod mahajan.. to each notice shall ..... citizens on the ground of religion, community and caste particularly between hindus and muslims. thus the charges are under section 123(3) and 123(3a) of the representation of peoples act, 1951. the mode of resorting to these corrupt practices have been by way of speeches made by the leaders of the two parties at the joint ..... act.we direct that the proceeding be remanded to the high court and the high court do give notice to shyamacharan shukla under section 99 of the representation of the people act, 1951, to appear and to show cause why he should not be named for committing corrupt practices. if shyamacharan shukla appears in pursuance of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC2573; (1977)1SCC260; [1977]1SCR741
..... entitled to vote in a constituency must have been entered in the electoral roll of that particular constituency in accordance with law. section 23(3) of the representation of the people act, 1950 provides that no amendment, transposition or deletion of any entry shall be made and no direction for the inclusion of a name in the ..... was received by him from the chairman of the local body concerned. that unquestionably is the true legal position because under section 27(2)(d) of the representation of the people act, 1950 it is the duty of the chief executive officer of every local authority (by whatever designation he may be known) to inform the electoral ..... as the first and their jurisdiction in that behalf has not been questioned.9. an interesting question however arises by reason of the provisions contained in the representation of the people act, 43 of 1950. section 15 of that act provides that for every constituency there shall be an electoral roll which shall be prepared in accordance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2515; 2005(4)ALD121(SC); 2005(5)ALLMR(SC)611; 2005(5)BomCR179; (2005)4SCC522; 2005(2)LC938(SC)
..... trial court had framed a omnibus issue as issue no.1 reading 'whether the petitioner proves that the respondent has committed corrupt practices under section 123(4) of the representation of the people act, 1951 on the grounds mentioned in paragraph nos. 5, 9, 13, 15, 17, 19, 21 and 23 of the petition?' it was subsequently split up into nine ..... would not amount to an allegation which could be treated as amounting to a corrupt practice especially these days when drinking alcohol as such is not taboo and in society, people generally consume alcohol. the high court took the view that in the speech concerned, the respondent had only suggested in a manner, that the appellant has encouraged drinking by ..... p.k. balasubramanyan, j.1. this is an appeal under section 116a of the representation of the people act, 1951 (hereinafter referred to as 'the act'). the appellant was the petitioner in the election petition filed before the high court. the appellant and the respondent contested from 94 - .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC872; [1969]1SCR679
..... limitation act.15. before the recent amendment of the representation of the people act election petitions had to be presented to the election commission which was empowered the under section 85 to dismiss the petition if the then provisions of ..... by section 29(2) of the limitation act. in our opinion however the limitation act cannot apply to 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 in the indian ..... practices he had not been impleaded as a party to the petition which was liable to be dismissed under the provisions of section 82(b) of the representation of the people act, 1951 (hereinafter referred to as the 'act') in compliance with section 86(1). the election petitioners filed application no. 187 of 1967 for withdrawing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC918; 2006(2)ALT44(SC); (2006)108BOMLR320; JT2006(1)SC394; 2006(2)MhLj1; 2006(I)OLR(SC)393; 2006(1)SCALE344; (2006)2SCC682; 2006(1)LC357(SC)
..... on the grounds of equity or logic or perceived legislative intention. a combined reading of article 191 of the constitution of india and chapter iii of the representation of the people act, 1951 makes it clear that a person can be held to be disqualified for being chosen as, and for being, a member of the legislative ..... is not generally permissible.we think that the language as well as the legislative history of articles 171 and 173 of the constitution and section 6 of the representation of people act, 1951, enable us to presume a deliberate omission of the qualification that the representative of the graduates should also be a graduate. in our opinion, ..... state. apart from specifying four grounds of disqualifications, it provides that a person can be disqualified by or under any law made by the parliament. the representation of the people act, 1951, a law made by the parliament, has introduced six disqualifications for a person being chosen as and for being member of legislative assembly of .....
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