Court : Mumbai
Reported in : 1991(56)ELT733(Bom)
..... respondents in the case of d. b. raju v. h. j. kantharaj and others : 1974crilj611 . in that case, appeal under section 116-a of the representation of the people act, 1951 was directed against the decision of the karnataka high court setting aside the election of the appellant therein to the state legislative council, and directing the ..... said act makes publication of notifications mandatory and such publication, in our opinion, does not mean mere printing but making the same available for perusal by the common people including those in the trade. alleged individual intimation of the said notification dated 30th november, 1982 by the excise authorities to m/s. i.t.c. ltd., ..... and a subordinate legislation was earlier noted in harla v. state of rajasthan (supra). the acts of the legislature are passed by the accredited representatives of the people who in theory can be trusted to see that their constituents know what has been done, and this is done only after debates take place which are open .....
Tag this Judgment!Court : Karnataka
..... the high court; (f) under section 16 of the representation of the people act, 1950 (43 of 1950) in regard to registration as a voter; (g) under sections 3 and 4 of the representation of the people act, 1951 (43 of 1951) with regard to the ..... eligibility for being a member of the house of the people or of the council of states, as the case may be; (h ..... ) under sections 5, 5a and section 6 of the representation of the people act, 1951 (43 of 1951) with regard to the eligibility ..... if it is satisfied that (a) the registration as an overseas citizen of india cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or (b) the overseas citizen of india cardholder has shown disaffection towards the constitution, as .....
Tag this Judgment!Court : Karnataka
..... the high court; (f) under section 16 of the representation of the people act, 1950 (43 of 1950) in regard to registration as a voter; (g) under sections 3 and 4 of the representation of the people act, 1951 (43 of 1951) with regard to the ..... eligibility for being a member of the house of the people or of the council of states, as the case may be; (h ..... ) under sections 5, 5a and section 6 of the representation of the people act, 1951 (43 of 1951) with regard to the eligibility ..... if it is satisfied that (a) the registration as an overseas citizen of india cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or (b) the overseas citizen of india cardholder has shown disaffection towards the constitution, as .....
Tag this Judgment!Court : Supreme Court of India
..... up to the vires of: (i) rule 39-aa of the conduct of election rules 19611; and (ii) the proviso to section 33 of the representation of the people act 19512. 2 article 80 of the constitution provides for the composition of the council of states. article 80(1)(b) envisages that the council of states ..... each state in the council of states shall be elected by the elected members of the legislative assembly of the state in accordance with the system of proportional representation by means of the single transferable vote. as regards the legislative councils, article 171(3)(d) stipulates that one-third of the members shall be elected ..... to vote in a free and fair manner without disclosing how he has voted. however, the concept of constituency-based representation in a general election is distinct from proportional representation . in a case of proportional representation , voters are subject to party discipline, the constitution bench held that it is legitimately open to prescribe the methodology of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj292
..... contemplated under article 329(b)? the answer to the question depends on a consideration of the provisions of articles 324 to 329 and the representation of the people act, 1950 and the representation of the people act, 1951, articles 324 to 329 occur in part xv headed 'elections' and article 324 which is the first article in the ..... reading of articles 324 to 329 occurring in part xi of the constitution. but we find that this view is also supported by the representation of the people act, 1950, and the representation of the people act, 1951, made by the parliament in exercise of its power under article 327 of the constitution.6. when we turn to these ..... the various stages in the process of election and these stages arise subsequent to the issue of the notification. it would thus be seen that the representation of the people act, 1950, deals with various anterior stages such as allocation of scats, the delimitation of constituencies and the preparation of electoral rolls while the various .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad730
..... deal with the contentions raised by mr. ramaswami aiyar for the successful candidate, the second respondent, that rule 20(2) and (3) made under the representation of the people act, 1950 was 'ultra vires' and invalid and that even otherwise section 25 is not applicable because it is inconsistent with the later act of 1951. ..... the election petition was therefore dismissed.4. before dealing with the contentions laised before us it would be useful to set out the relevant provisions oc the representation of the people act, 1951, which were referred to as having a material bearing on the question to be decided, namely, whether the nomination of the petitioner was ..... the petitioner could not have filled up those particulars on the date of the nomination. he purported to reject the nomination under section 36(2)(d), representation of the people act, 1951.the election was duly held on 8-1-1952 without the petitioner; and the second respondent was declared duly returned. the return was published .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP357; 1997(2)ALD(Cri)174
..... be said to be in any manner near to or in the process of election. a reading of the provisions in section 136 and other provisions in the representation of people act declaring certain acts or omissions punishable leave no manner of doubt that acts or omissions which directly affect the election and which are unauthorised by law or ..... by the learned additional advocate general and which for the reason of possession of hallo! paper krishna mohan can he suspected to have committed is under section 136 of the representation of people act. 1951. section 136 of the act. 1951 in the relevant parts reads as follows : 'sec. 136(1) a person shall be guilty of an electoral ..... in crime no. 19 of 1997 for the alleged offences under sections 379, 505 and 411 of the indian penal code and sections 135 and 136 of the representation of the people act. 1951.2. facts not in dispute arc as follows : the election commission of india notified the elections to three assembly constituencies in the state of andhra .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP185
..... of the states including the preparation of electoral rolls, the delimitation of constituencies and an other matters. pursuant to this, the parliament has enacted the representation of the people act. an elaborate borate scheme is devised in this statute for the conduct of elections and for calling in question elections.10. section 80, ..... civil proceeding'?7. before we consider further the general question as to what a civil proceeding is, we shall turn to section 116a of the representation of the people act, which has conferred a right of appeal against the decision of an election tribunal, to see whether such an appeal possesses all the attributes ..... was challenged before the election tribunal, rajanmundry, by the petitioner on the ground that the respondent had incurred the disqualification under section 7(d) the representation of the people act. hisabjection prevailed with the election tribunal with the result that the election was set aside. on appeal by the aggrieved respondent, two of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP111
..... (i). in that case the question was whether there was an improper rejection of the nomination within the meaning of section 100 (1) (c) of the representation of people act.their lordships of the supreme court came to the conclusion that the rejection was improper and that it, therefore, rendered the entire election void. that decision has ..... reddy, had a subsisting p.w.d: contract with the state government and as such he was disqualified under section 7, clause (d) of the representation of the people act. 5. sri narasimha reddy and sri mutyal rao who were impleaded as respondents, filed their written statements denying the allegations in the petition and the ..... the general seat.3. thereupon, sri bhoomaji, the 1st respondent in both the appeals, filed an election petition under ss. 80 and 81 of the representation of the people act challenging the validity of the election and praying for a declaration that the election of the two returned candidates be declared void.4. the main allegations .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1982MP45
..... eat food cooked by harijans and the result would be that they would be excommunicated.8. the allegations clearly fall under section 123(2) of the representation of the people act. the gonds by such speeches, were likely to be unduly influenced in their electoral right for fear of social ostracism, excommunication or exclusion from ..... s counsel. the allegations in para 4 (1) (a) are allegations of corrupt practice of undue influence squarely covered by section 123(2) of the representation of the people act.7. the allegations in para 4 (2) of the petition refer to speeches made to adivasis, particularly to gonds. what the speakers including ramgir said ..... consideration in this election petition is whethernon-joinder of ramgir goswami as a party to the petition, should entail its dismissal under section 86 of the representation of the people act, 1951.2. admittedly ramgir goswami had filed his nomination paper on 1-5-1980 which the returning officer, after scrutiny, had accepted. ramgir goswami .....
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