Court : Allahabad
Reported in : AIR1985All114
..... notification published in the gazette of india (extraordinary) whereby in the purported exercise of powers as contained in sub-section (2) of section 14, representation of the people act, 1951 (hereinafter referred to as the act) he called upon all parliamentary constituencies (other than those within the states of assam and punjab) to ..... purpose' have significance. these words are referable to the purpose mentioned in sub-section (1), namely, the purpose of constituting a new house of the people. in sub-section (2) the president is required to call upon all parliamentary constituencies to elect members by issuing one or more notifications the notification or ..... elect members of a new house of the people. the petitioner, who appears in person, questions the jurisdiction of the president to issue such a notification before 20th january, 1985. according to the petitioner .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All203
..... the eighth legislative assembly was to expire on 27th june, 1985. the governor of uttar pradesh, in the purported exercise of powers under section 15 of the representation of the people act, 1951 (hereinafter referred to as the act) issued a notification on 30th jan. 1985, calling upon all the assembly constituencies in the state to ..... has been duly constituted merely because a notification has been issued. our constitution does not prohibit an interregnum between the dissolution of an existing house of the people and the state legislative assemblies and the coming into existence of a new house or assembly and the functioning of a new house or assembly. the purpose ..... assembly constituency or constituencies for which the time has been extended under the provisions of section 153; or (b) to affect the duration of the house of the people or the state legislative assembly if any, functioning immediately before the issue of the said notification.' 8. in anand mohan's case (air 1985 all 114) ( .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC3062
..... has been materially affected and in addition thereto, the petitioner should further show that it has been materially affected by the non-compliance with the provisions of representation of people act or rules framed thereunder. where the allegation is that the election has been conducted in violation of any provision of constitution or the act, it is ..... does not disclose the material facts necessary to constitute a cause of action for filing the petition, secondly it does not raise an issue triable under the representation of people act and thirdly the trial of the present election petition will be an abuse of the process of the court.7. as the question raised goes ..... election of the said constituency has been conducted is no valid law. he has also challenged vires of various provisions of the constitution as well as the representation of people act along with the rules framed thereunder and the symbols order. as per his averment, b.j.p. is an alien for 16 lucknow parliamentary constituency .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC594
..... was also issued.3. yet another notification was issued on the same date, namely, 17-10-1996 by the election commission under section 73 of the representation of people act, constituting legislative assembly in the state of uttar pradesh.4. the impugned notification containing the proclamation dated 17-10-1996 has been challenged on variety of ..... are the conditions precedent for making the assembly functional and for commencement of duration of the house. therefore, the natification under section 73 of the representation of people act was not the new situation rather the political dead-lock in formation of government was the new situation which came into existence on 10-10- ..... of article 356, as discussed above.54. much emphasis was given by learned solicitor general contending that by issuance of the notification under section 73 of the representation of the people act, 1951, on 17-10-1996, a new situation has arisen and under the constitutional scheme 'a situation' has arisen or not, is the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2001All175
..... for such rejection. (7) ................... (8) ................... 15. in exercise of powers conferred by article 324 of the constitution read with section 29-a of the representation of people act, 1951 and rules 5 and 10 of the conduct of elections rules, 1961 and all other powers enabling it in this behalf, the election commission of india ..... and he filed his nomination paper on september 10, 1999 at about 12.45 hours. the petitioner filed four sets of nomination papers as required under the representation of people act, 1951, hereinafter referred to as the r. p. act. the petitioner having been set up to contest the election by a recognised political party, ..... constituency in 1999 general election held for constituting 13 lok sabha. the petitioner, sri krishna mohan sharma has filed the election petition under section 81 of the representation of people act, 1951 and the petitioner sri satya dev singh has filed the election petition under sections 80, 80a, 81, 84, 86, 98, 99, 100, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All363
..... article 226 of the constitution.8. learned counsel urged that because in the present case the petitioner was questioning the vires of section 34 of the representation of the people act, 1951 the question could be raised in these proceedings; but in my opinion the ground on which the order rejecting the nomination paper is being ..... therefore, wants that order to be quashed. the nomination paper has been rejected on the ground that the petitioner had not complied with section 34 of the representation of the people act, 1951. the contention is that the provisions of that section were not valid and compliance with them ought not, therefore, to have been insisted upon ..... the parliament. he urges that by providing for an additional qualification of making a deposit of rs. 500/- by way of security section 34 of the representation of the people act really adds a qualification to the various qualifications mentioned in the constitution and that is not permissible. his case is that as section 34 was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All402
..... of court if so, what is its effect ? 4. whether the election petition is liable to be rejected for non-compliance with the provisions of section 81 of the representation of the people act, 1951 ? 5. whether in the array of respondents the name of respondent is wrongly written as vikaram singh instead of 'vikram singh' if so, its effect ? 6. to ..... orders. malik, j.1. this election petition has been filed under section 81 of the representation of the people act, 1951, (hereinafter referred to as the act) by the candidate set up by congress (organisation) party during the last general elections held in february, 1974 and the only ground .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All56
..... declared. thereafter the result of the election is notified in the government gazette. it is for the purposes of notification under section 74 of the representation of the people act that the petitioner would be treated to have been elected as a member on 22nd of april, 1968. obviously, before the new term starts ..... days from the same constituency -- a conclusion which is impossible of acceptance. very clearly, the submission is not correct. the provisions of section 67a occur in the representation of the people act which has been enacted 'to provide for the conduct of elections . . . .the qualifications and disqualifications for membership . .. . the corrupt practices and ..... a candidate was declared elected having secured the largest number of votes. the notification notifying the election of the petitioner issued under section 74 of the representation of the people act was made on 6th of may, 1968. 4. according to the petitioner, the governor of u. p. directed sri parmatma saran pachaury, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2002All167
..... commission and urged that the election commission has been vested with wide and plenary power under article 324 of the constitution read with section 61 of the representation of people act, 1951 to issue instructions or guidelines to prevent impersonation of electors. he has however, submitted that he already advised the election commission of india that ..... same cannot be challenged. mr. s. p. gupta is however fair enough to submit that right to vote to specifically provided under section 62 of the representation of people act, 1951 and that can never be curtailed by any other procedure. the procedure prescribed by notification is only for the purpose of preventing impersonation in voting ..... (2) no person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the representation of the people act, 1950 (43 of 1950). (3) no person shall vote at a general election in more than one constituency of the same class, and if .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All113
..... discussed in thatcase on the basis of which the tribunal had heldthat there had been failure to comply with the requirements of section 117 of the representation ofthe people act. in the light of this impression,we questioned learned counsel for the parties whobad appeared before the election tribunal. shriiqbal ahmad, who has ..... truethat the tribunal made a reference only to thatpart of the decision in the earlier case where ithad been held that the requirements of section 117of the representation of the people act were ofa mandatory character. 1to us, however, it appeared that, in fact, thetribunal, when deciding the present case, reliedupon its decision in ..... 000/- deposited as security had been deposited in favour of the secretary, election commission. the tribunal held that the provisions of section 117 of the representation of the people act were mandatory and, since the receipt did not have inscribed on it the words 'in favour of the secretary, election commission,' there was non .....
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