Court : Madhya Pradesh
Reported in : AIR1950MP11; 1950CriLJ660
..... by the learned public prosecutor that .further grounds were supplied to the accused showing the particulars on 3rd april 1949 and the detenus were asked to make & representation by the 4th of april. the learned public prosecutor contended that even though the initial grounds supplied were not specific and though the detention upto 3rd april 1949 ..... ;(b) that the grounds and particulars must not be vague, indefinite or incomplete and mast convey sufficient information to the detenu to enable him to make a representation that the detaining authority was wrong in its belief that his detention was necessary in the interest of public safety,(d) that the detenu is not bound to ..... the grounds supplied by the district magistrate, district indore to the detenus on 11th march 1049, are vague and the detenus are not in position to make representation without knowing the particulars of the grounds. he contended that the detenus are not in a position to know the grounds on which the order has been made .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP88
ORDER1. This is an appeal against the decision of Kotwal, .J., in Miscellaneous Petition No. 437 of 1956.2. The appellant was a candidate for election to the office of the president of the Municipal Committee, Sakti. He was proposed by Kamswarup and seconded by Scwaram, who were voters bearing Nos. 36 and 66 of the electoral roll of Ward No. 4. An objection was raised by one Mageram to the nomination of the appellant as a candidate on the ground that he had taken a plot on contract from the Municipal Committee. The objection was disallowed by the Supervising Officer. The appellant was thereafter elected as President, and the result of the election was published in the Madhya Pradesh Gazette of 29th September 1956.3. Respondent No. 4 is a voter bearing No. 146 OH the electoral roll of Ward No. 7 of the Municipal Committee. He filed a petition under Article 226 of the Constitution for a writ of quo warranto directing the appellant to justify his election as President of the Municipal Com...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP26; 1957CriLJ513
..... it under the act. the scheme of the act makes it perfectly clear that the main and the only purpose of the incorporation of unions and their recognition is the representation of large bodies of employees before the tribunals under the act. for this purpose the union is entitled to appear or act as the representative of employees and to safeguard .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP20
..... returned candidate.' the supreme court no doubt did not decide as to what the expression ''a candidate at the election' as used in section 82 of the representation of the people act meant, but the learned judges of the supreme court indicated that the phrase 'at the election' should be construed on a comprehensive consideration of the relevant ..... v. brijlal nandlal, (s) air 1955 sc 610 (d), are very pertinent. in that case the question of the construction of section 82 of the representation of the people act came up for consideration and it was argued before the supreme court that persons who filed their nominations but who withdrew from the contest within the prescribed ..... ' as used in the cantonments electoral rules. those are decisions in which the meaning of the said words was considered with reference to the provisions of the representation of the people act, 1951, and in particular with reference to section 82 of the act, and it was held that the words 'a candidate at the election' as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP122
..... a writ under article 226 of the constitution of india, against an order of returning officer rejecting a nomination paper of a candidate under section 36(2) of the representation of the people act, 1951.'16. the decisions in bhikulal balbhadrasao v. the state of madhya pradesh, ilr 1953 nag 245: (air 1953 nag 125) (g), jawaharlal v. ..... means of an election petition.in my opinion, to affirm such a position would be contrary to the scheme of part xv of the constitution and the representation of the people act, which, as i shall point out later, seems to be that any matter which has the effect of vitiating an election should be brought up ..... . shri guru prasad, respondent no. 9, raised an objection to the candidature of the petitioner on the ground of his disqualification under section 7(e) of the representation of the people act, 1951, (hereinafter called the 'act'). his statement on solemn affirmation was recorded by the returning officer in which he, inter alia, stated:'in the rewa coal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP142
..... no election shall be called in question' in its context and setting with due regard to the scheme of part xv of the constitution and the representation of the people act, 1951, the high court has no jurisdiction to interfere with the order of the returning officer and that any matter which has the effect of ..... the legislature.''we therefore take it that the word 'election' in this article connotes the entire electoral process.7. repelling the contention that, since the representation of the people act was'enactad subject to the provisions of the constitution, it cannot bar the jurisdiction of the high court to issue writs under article 226 of the ..... for the 1st february 1957 when the petitioner raised objections to the nominations of respondents 2 to 4 under sections 5(a) and 36(2)(b) of the representation of the people act, 1951. he contended inter alia that:(a) the constitution (scheduled tribes) order as amended by the constitution scheduled castes and scheduled tribes lists (modification) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP168
..... his election agent or persons acting with the consent of such candidate or his election agent, and by non-compliance with the provisions of the constitution or of the representation of the people act, 1951 (hereinafter referred to as the act) or of rules and orders made under the act.4. in setting up his case against the returned candidate shri kamath .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP67; 1958CriLJ384
..... ) was one enumerated in section 196 of the code and it was necessary to obtain the sanction of the government before proceedings could be instituted. but section 138 of the representation of people act of 1951 (referred to hereinafter as the 'act') changed the law on the point and parliament enacted that 'in section 196 (of the code of criminal procedure) after ..... order to avoid confusion in the future, i would like to state that the law as it stands today is that after the amendment effected by section 138 of the representation of people act (1951) in section 196 criminal procedure code, no order of the government is now required for instituting prosecution under section 171 p, indian penal code, so far as it relates .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP103
..... sc 233) (z2). in that case the election tribunal having decided the petition and rejected it sent its orders to the election commission, which notified the order. under the representation of the people act and the rules framed thereunder the re--cord of the tribunal was sent to the district judge for custody. an objection was taken before the supreme court that ..... council had laid down that the subject-matter and the cause of action attract jurisdiction, and therefore the full bench held that if the effect of the order was upon people resident within the territories of uttar pradesh, the high court of uttar pradesh had jurisdiction. the reference by the learned judges of the allahabad high court to the presence of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP260
..... d/- 9-9-1957 : (air 1958 mp 168) (a). there we had shown that the tribunal is invested with certain enumerated powers under section 92 of the representation of the people act. but a general provision exists in the act which allows the election tribunal to act in accordance with the civil procedure code as far as it may be made applicable ..... petition because no such power is conceded by the act. it was also contended that against that order there was only an appeal under section 116a of the representation of the people act section 98 deals with the ultimate disposal on merits of the election petition and not with interlocutory orders of this character. in fact. section 116a might ..... order going but it failed.4. we now come to the merits of the application which has been made before us. it is contended that under the representation of the people act there is no power to restoration. it was frankly admitted that there is also no power of dismissal; but it was contended that under sections 98 .....
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