Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 14 notification for general election to the house of the people Court: jammu and kashmir Page 1 of about 5 results (0.071 seconds)

Harshdev Singh, Mla Vs. Election Commission of India and anr.

Court : Jammu and Kashmir

Reported in : AIR1998J& K80

..... election tribunal, the court observed (at p. 69 of air 1952 sc) : 'that being so, i think it will be a fair inference from the provisions of the representation of the people act to state that the act provides for only one remedy, that remedy being by an election petition to be presented after the election is over, and there is ..... completed by 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 only at ..... 21-1-1998 to hold general elections for the purpose of constituting a new hose of the people on the dissolution of the 11th house of people and in pursuance of the provisions contained in sub-section (2) of section 14 of the representation of the people act. 1951(xliii of 1951) to call upon 6 jammu parliamentary constituency in the state of .....

The Jammu and Kashmir Sharnarthi Action Committee and ors. Vs. State o ...

Court : Jammu and Kashmir

Reported in : AIR1997J& K15

..... be elected.13. therefore when we consider both the provisions of section 6 of the constitution of jammu and kashmir vis-a-vis the above provisions of the representation of people act, 1957, unless the writ petitioners (appellants) either continue to be residents of that area which is now called pok area and continue to enjoy the ..... the objectors and persons interested in the matter, has refixed the number of seats at 75 in compliance with the requirements of the relevant provisions of the representation of people act, 1957 act. that act of re-fixation of the number of seats in regard to delimitation of constituencies in the state of jammu and kashmir is ..... figures furnished by the writ petitioners at their face value to be correct.4. indeed the petitioners have sought for quashing section 3(2) of the representation of the people act for the reasons set out in the grounds. a prayer is sought for prohibiting the respondents from accepting the report of the delimitation commission or a .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... 24-g. this statement merely says :'following the widespread concern over the problem of political defections, it is proposed to amend the jammu and kashmir representation of the people act, 1957, with a view to disqualifying a defector from being a member of the legislature.'158. the legislative object is stated to be curbing ..... all such ordinary laws which are inconsistent with the constitutional provisions cannot be upheld. the impugned legislation is the amendment of the j. & k. representation of the people act and is, therefore, a piece of ordinary legislation. the law is well settled that the right and privileges guaranteed under the constitution cannot be ..... rest of the country, except that a beginning has been made in this state by enacting the impugned legislation to prevent this evil by amending the representation of the people act, 1957. in the rest of the country, constitution (thirty second amendment) bill, 1973 which inter alia provided for disqualification of a defector against .....

Speaker, Legislative Assembly Vs. Abdul Jabbar Sheikh Hassan-ud-dIn Ba ...

Court : Jammu and Kashmir

Reported in : AIR1985J& K1

..... issue accordingly, i hold that the non-applicants (12 m.l.as.) have not incurred any disqualification within the meaning of section 24-g of the representation of the people act. the reference is answered accordingly.33. as the judgment was about to be announced, the deputy registrar of the high court has brought to ..... is the deserter. that controversy has to be resolved by the election commission, under the election. symbols (reservation and allotment) order, 1968. since neither the representation of the people act, nor, the constitution of the state contains any definition of the expression 'defection it would not be unreasonable to hold that defection as known in ..... reference. 2. that after going through those objections i concede that the respondents have not incurred any disqualification in terms of section 24-g of the representation of the people act. 3. that the above stated statement is correct and true.' shri p. l. handoo thereafter sought to withdraw from the case on behalf of .....

Bhushan Lal Bhat Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ29

..... that date, thus, cannot be availed of by the petitioner in view of clear statutory provisions of sub-section (2) of section 156 of the jammu & kashmir representation of the people act, 1957 dealing with the term of the petitioner as member of the jammu & kashmir legislative council.5. i have heard the rival contentions of the parties and ..... the death of sh. h. s. bali who was originally nominated as mlc. the term of office of mlc is provided in section 156 of the jammu & kashmir representation of the people act, 1957. the provisions of section 156 in verbiage are reproduced below:'156. term of office of members of the legislative council. - (1) the term of office ..... will be ceased to be a mlc on the date shown against his name in the list.8. in view of clear statutory provisions under the jammu & kashmir representation of the people act, 1957 and documentary evidence placed on record showing unambiguous nomination of the petitioner as mlc on account of the death of sh. h.s. bali, is only .....

Pt. Govind Ram Vs. Ram Saroop

Court : Jammu and Kashmir

Reported in : AIR1999J& K63

..... court before a division bench and the other before the supreme court. this was never intended much less aimed by the legislature while enacting the provisions of the representation of people act. otherwise in chapter-v of the state act, which deals with the appeals, there would not have been specific mention of the appeals only to ..... of election disputes are concerned special provision has been enacted for the said purpose in the shape of the act by the state and in the shape of representation of people act, 1951 by central government provisions of state act are pari matcria to those of the central act. whether an appeal against an interlocutory order is ..... this case are that election petition no. 4 of 1996 titled ram saroop v. returning officer, is pending trial under the provisions of the jammu and kashmir representation of the people act, 1957 (hereinafter referred to as the act), wherein election of the appellant has been questioned on a number of grounds. after the filing of written .....

Dhan Raj Bhargotra and Etc. Vs. Election Commission of India and ors. ...

Court : Jammu and Kashmir

Reported in : AIR1998J& K47

..... and an additional judge.4. mr. p. kohli, learned counsel for the petitioner (in e.p. no. 4/96) has contended that section 88-a of the j. & k. representation of people act, 1957 (hereinafter to be referred as the act) empowers the high court to hear the election petitions. the section runs as under:-'(1) the court having jurisdiction to try ..... sitting and acting as a judge of the high court under article 224a is a judge of the high court for the purpose of section 80a(2) of the representation of the people act i.e. to hear the election petition. the counsel has further contended that there is no law which envisages that an election petition can only be heard by .....

Piaray Lal Karihaloo Vs. Ghulam Mohamad Bhat and anr.

Court : Jammu and Kashmir

Reported in : AIR1986J& K32

..... its effect? o. p. r. with a view to decide this issue, it would be appropriate to first notice some of the relevant provisions of the jammu and kashmir representation of the people act, 1957, (for short 'the act'). 4. section 89 of the act provides as under : 'presentation of petitions: (1). an election petition calling in question any election may he ..... the maintainability of the said petition. it is now well settled by the large catena of authorities of this court that the electoral process by which the verdict of the people has been given is a sacrosanct one and cannot lightly be set at naught unless the grounds mentioned in the act for setting aside an election are held to be .....

Rafi Ahmed Mir Vs. Abdul Rehman Bhat

Court : Jammu and Kashmir

Reported in : AIR2004J& K69

..... to the trial of civil suits. there being no repugnant provision in the above representation of the peoples act, forbidding dismissal of election petition for default. therefore, the provisions of the civil procedure code including order ix and order xvii would apply to the trial of election petition.dismissed ..... such application for restoration can be filed only by the election petitioner and not by any respondent.'election petition in terms of section 95 of the jammu and kashmir representation of the people (amendment) act 1997, subject to provisions of the act, is to be tried like an ordinary suit in accordance with the provisions of code of civil procedure, as applicable .....

Ravinder Kumar Vs. Election Commissioner of India and ors.

Court : Jammu and Kashmir

Reported in : AIR2003J& K39

..... is an issue of law and required to be tried as preliminary issue and determined prior to the other issues of fact in the case. section 90 of the representation of the people act pertains to the parties to the petition and reproduced hereinbelow :--'(a) where the petitioner, in addition to claiming a declaration that the election of all or any of ..... , therefore, cannot be treated as a preliminary issue to be decided first.4. it is apt to point out at the threshold that there is no provision in the representation of the people act which is inconsistent with order 14, rule 2, c.p.c. so, order 14, rule 4, c.p.c. is applicable to election petitions. the judgment in election .....