Court : Rajasthan
Reported in : AIR1980Raj166; 1980()WLN555
..... parties. in my considered opinion, only those persons could be impleaded as parties to the election petition as has been envisaged in section 82 of the representation of the people act, 1951. the president and the general secretary of the janata party are neither necessary nor proper parties to the election petition, and the petition ..... under article 324(1) the election commission cannot do something impunging upon the power of the president in making the notification under section 14 of the representation of the people act, but after the notification has been issued by the president, the entire electoral process is in the charge of the election commission and the ..... symbol and identity card bearing candidature of the janata party was also given to shri mohammad sayeed khan, the list published under section 37 of the representation of the people act, 1951, showing therein mohammad sayeed khan as the official candidate of the janata party, has been produced and has been marked as annexure 1. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj201
..... use of the word 'after' definitely lays down that election petition can only be presented after the happening of the particular event. under section 81 of the representation of the people act, 1951, the legislature went to the extent of providing that an election petition cannot be presented earlier than the date of the election of the returned candidate ..... of a state or the electoral college of a union territory shall be the date of election of that candidate. thus according to the provisions of the representation of the people act, 1951, the date of an election of a candidate is the date of the declaration by the returning officer.34. section 67-a is nothing ..... annulled or cancelled by any authority except by an election petition. the date of election of a candidate is the date of such declaration. the provisions of the representation of the people act, 1951, in this point may be compared.31. section 66 of that act provides for the declaration of results. it states that when the counting .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj81
..... an elective body would come into existence after a certain notification, the law generally makes specific provision for that. we may, in this connection, refer to section 73 of representation of the people act, 1951 (act no. 43 of 1951) where it is specifically laid down that the assembly or the parliament would be constituted after the election commission has declared the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1984Raj183; 1983()WLN476
..... no adjournment of the proceeding shall be allowed.' a perusal of the aforesaid rules shows that in some respects rule 16 can be compared with section 33 of the representation of the people act. 1951 (hereinafter referred to as 'the 1951 act') and rule 18 can be compared with section 36 of the 1951 act. the provisions of the aforesaid rules, however ..... out that while in the form of the nomination paper that are prescribed under the conduct of election rules 1961 for the purpose of election to the house of the people and the legislative assemblies of the states it is necessary to mention the serial number as well as part number of the electoral roll, in form i, which has been .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj126
..... such inclusion had not been followed at all. it was held that the inclusion of the name of the candidate was illegal but under section 30 of the representation of the people act, 1950, no civil court had jurisdiction to question the legality of any action taken by or under the authority of the electoral registration officer and consequently the ..... person referred 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.' now, before we deal with this section, it is necessary to read section 32 of this yery act, which is as follows : 'any person may ..... us.8. in support of his submission, learned counsel placed strong reliance on section 36(7) of the act of 1951 read with sections 14 to 30 of the representation of the people act, 1950 (act no. xliii of 1950, hereinafter referred to as the act of 1950) as also articles 324 and 306 of the constitution.9. now, article .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(2)WLC144; 1995(2)WLN367
..... to elect members and that the said notification was published in the rajasthan gazette extraordinary dated 31st october, 1994. the provisions of section 15 of the representation of people, act, 1951 pertaining to the general election of the state legislative assembly are analogous and in parimateria with the provisions of section 23(1) and ..... of india v. shivaji : [1988]1scr878 , the governor of maharashtra by a notification dated 18th sept. 1987 issued under section 16 of the representation of people act, 1951 called upon six local authorities constituencies in the state of maharashtra to elect one member from each of the said constituencies in order to fill ..... on the decision in indrajit barua v. election commission of india : air1984sc1911 , which has laid down that the validity of an election process under the representation of people act could be challenged only in election petition filed under that act as provided by article 329(b) of the constitution while dismissing the writ petition. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj249
..... election officer in each district by the election commission in consultation with the government of the state.53. sections 25 and 26(1) of the representation of the people act, 1951 runs as follows:'25. provision of polling stations for constituencies. the district election officer shall, with the previous approval of the election ..... return before the district election officer, udaipur? 4. (b) does it constitute a ground for setting aside the election under section 100 of the representation of the people act, 1951? 5. (a) was the returning officer of the aimer parliamentary constituency not authorised to administer oath to the respondent under article 84 ..... will the result of the election be effected? 2. (c) can the delimitation order. 1966 be challenged before this court in this election petition under the representation of the people act. 1951? 3. (a) whether the presiding and polling officers for bhim and kumbhalgarh constituencies were not appointed by district election officer ajmer? 3. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj204
..... fact, defective, inasmuch as the said respondent had not appointed anybody including himself as his election agent, which was a mandatory provision of section 40 the representation of the people act, and, therefore, the declaration made in the nomination paper under section 33(3) that he had appointed himself as his election agent was not true ..... and that the declaration of appointment of self as election agent scribed on the nomination paper was a sufficient compliance of the provisions of section 40 of the representation of the people act, as held by the majority of the members of the election tribunal.5. respondent no. 3, lallu chand, also supported the judgment of the ..... were not correct.it was urged by the learned advocate general that the election petition was based on ground (c) of section 100 of the representation of the people act, and all that the election tribunal was authorised to enquire into was whether the rejection of the nomination paper as made by the returning officer .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj293; 2001(1)WLC709
..... accepted if part ii is properly filled and subscribed by tenelectors as proposers, as there will be substantial compliance with the provisions of section 33 of the representation of the people act, 1951.(iv) if a candidate, who filed his nomination paper as candidate claiming to be set up by an unrecognised political party, fails to bring ..... as proposers. in either case, his nomination would be valid insofar as the aspect or proposing is concerned.23. consequent upon amendments having been made in the representation of the people acts, 1950 and 1951 by the amendment act, 1996 (act 21 of 1996) with effect from 1.8.1996, the election commission of india issued a ..... dated 9.8.2000--'1. whether the nomination paper of mahendra singh gurjar was improperly rejected by the returning officer?2. whether validity of any provision of the representation of people act, 1951 or any rule made thereunder can be challenged in a election petition?3. relief ?'9. issue no. 2 as to whether validity of any .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj223
..... regardingattestation under section 81(3).31. annexures a, b and c filed with the petition contained particulars of the corrupt practices. section 83(2) of the representation of the people act 1951 as originally enacted laid down that such particulars shall be contained in a list signed and verified in the manner laid down in the code of ..... sc 210 the petitioner had not joined as respondent a duly nominated candidate who had withdrawn his candidature and had not contested the election. section 82 of the representation of the people act 1951, as it stood then, laid down that a petitioner shall join as respondents to his petition all the candidates who were duly nominated at the ..... have accordingly stated the following points of law on which they differ for decision under section 98, c.p.c.'(i) whether section 81(3) of the representation of the people act 1950 (1951?) as amended, in so far as it lays down that every copy of the election petition shall be attested by the petitioner under his .....
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