Court : Rajasthan
Reported in : AIR1989Raj142
..... is an elector for that constituency, unless it is proved that the person in question is subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950. it was observed that air 1960 sc 1049 at pp. 1055-56 'the presumption raised under section 36 would not be enough to justify the ..... theprospects of the election of smt. kantakhaturia? (c) if so, whether the respondent shri devisingh bhati has committed the corrupt practice as specified in section 123 of the representation of the people act, 1951 and, if so, whether his election is liable to be set aside? (3) whether the establishment of seven new polling stations was illegal on the ..... bhati. the election was held on 5-3-85 in pursuance of the notification issued on 1-2-85 under sub-section (2) of section 15 of the representation of the people act, 1951 (for short 'the act'). as per the programme issued by the election commission of india under section 30 of the act, the following dates were .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj226
..... 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.' the result of these provisions is that the proposer and the candidate are expected to file the nomination paper complete in all respects, in ..... to the effect that 'shri kesar singh was never dismissed for corruption or disloyalty to the state and that no disqualification under section 7(f) of the representation of the people act, 1951 could be attached to him', should be interpreted as meaning that shri kesar singh was never dismissed from service and that even if he was ..... the ground that the said kesar singh was never dismissed for corruption or disloyalty to the state and that no disqualification under section 7(f) of the representation of the people act, 1951 could be attached to him; that the said shri kesar singh was qualified to stand as a candidate in the election and his nomination had .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj189
..... in the electoral roll of the constituency. 15. number of the seconder in the list maintained under sub-section (1) or sub-section (2) of section 152 of the representation of the people act, 1951. 16. signature of the seconder. * * * * * * * * * * foot notes--..... (6) where the electoral roll is sub-divided into parts and separate ..... consider the above points one by one. 13. point no. (1)--we may at the outset give some of the relevant provisions of the act and the representation of the people (conduct of elections and election petitions) rules, 1951 (hereinafter to be referred to as the rules). section 2(1)(g) -- 'prescribed' means prescribed by ..... the election materially. he also alleged that the petitioner had . been guilty of major and minor corrupt practices under sections 123 and 124 respectively of the representation of the people act, 1951 (hereinafter to be referred as the act) inasmuch as he had obtained assistance in furtherance of the prospects of his election from shri bakshi .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj21
..... 13. the other decision in air 1960 sc 200 is distinguishable. that decision was given in 1956 and related to an election held in 1952 under the representation of the people act, 1951 as originally enacted. under the law as it then stood, an election was rendered void by a corrupt practice committed by an agent without ..... a returned candidate, or his agent, or by any other person with the connivance of a returned candidate or his agent.after the amendment of the representation of the people act 1951 by act 27 of 1956 the distinction between major and the minor corrupt practices was removed. further the hiring or procuring of vehicles for ..... specified in section 123(5), namely, the hiring or procuring of a vehicle for the conveyance of the electors to and from a polling station.under the representation of the people act, 1951, as originally enacted, two kinds of corrupt practices were recognised, namely, major corrupt practices and minor corrupt practices. the corrupt practice of transporting .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj268
..... in section 123(3) and promotion of hatred between different classes of citizens of india on the ground of religion and community as defined in section 123 of the representation of the people act. 1951 are true to my knowledge and the documents referred to therein, 2 that the averments relating to the ground for setting aside the election of the ..... any object, aim or purpose. but where corrupt practices are established the result of the election does not echo the true voice of the people. the courts would not then be deterred by the aforesaid considerations which in the corruption scenario lose relevance. such would be the approach of the court in an ..... be good reason for not setting at naught the election which reflects the true will of the people lightly. in matters of election the will of the people must prevail and courts would be understandably extremely slow to set at naught the will of the people truly and freely exercised. if courts were to do otherwise, the courts would be pitting .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj99
..... the petitioner an attempt was made to draw a distinction between counting of votes and their scrutiny. we are of the opinion that both under the representation of the people act 1951 and under the conduct of election rules 1961 the expression 'counting of votes' has been used in a comprehensive sense and includes the sorting ..... result of the election has been materially affected inter alia because respondents nos. 1 and 2 received votes which were void and because the provisions of the representation of the people act, 1951 and the rules and orders made thereunder were not complied with (para 8).(2) the returning officer himself did not discharge the duty of ..... election petition relies.the material facts in a case where the election petition is based on the ground contained in section 100(1)(d)(iii) of the representation of the people act are the particulars of ballot papers improperly received, refused or rejected. it is not necessary to give in such a petition particulars of any partiality .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj184
..... or .jid not believe it to be tree, has teen placed on the petitioner. the corresponding english law is contained in section 9(1) of the english representation of the people act, 1948 and reads as follows :'any person who, or any director of any body or association corporate which, before or during an election, shall, ..... for the publication of these two leaflets intended to convey that bhan-warlal had deceived the agriculturists into partingwith the sum of rs. 28,000/- on the representation that licences for cultivation of opium would be obtained for them. the two leaflets also clearly imply that he misappropriated the fund collected by him. bhanwarlal denied ..... by means of coats and blankets. warning to shri badrifrashaji. sir, rest assured that dishonesty -and briberyare rampant and at their full swing, yet thenumber of people who believe in it and flourishthereby is far less. a common man does not likebribery and dishonesty. according to the general code of conduct a person who fights .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj75
..... and 2 respectively) under order 9, rule 8 read with section 151, civil procedure code (which shall hereafter be referred to as the code) and section 87 of the representation of the people act, 1951 (which shall hereafter be referred to as the act) containing a prayer in the following terms:--'it is therefore prayed that the applicant no. 1' ..... bench observed:'these authorities establish that once an election petition is before the election tribunal, it has to proceed to completion according to the provisions of the representation of the people act, and it is not open to the petitioner to exercise his option to prosecute the petition or not or to abandon or withdraw it wholly or ..... in the judgment that section 90(1) is sufficiently wide to make order 9 of the code of civil procedure applicable to all election disputes under the representation of the people act. it is no doubt, true that there is an observation in the judgment of their lordships of the supreme court that the powers of 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 : AIR1959Raj280
..... that it was an abridged translation of what the respondent said in hindi. he denied that he used the words 'local brothers' and stated that in its place mentioned some people who were not with the pursharthi panchayat.in paragraph 11 of his petition the appellant stated that corrupt practices were. committed by the agents of the respondent and other persons ..... more often than not been a source of breaking the solidarity of the state. in the political history of india, caste race and religion have played a part dividing the people from one another. under our constitution, we have made our country a secular state granting every citi-zen the right of equality of status and discrimination 011 grounds of religion ..... bhandari, j. 1. this is an appeal under section 166a of the representation of the people act (hereinafter called the act) by shri khilumal topandas whose electionpetition has been dimissed by the election tribunal, ajmer- on the 10th of september, 1967. the petitionrelates to the ajmer .....
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