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 : 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 : 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 : 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 : 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 : 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 : AIR1951Raj69
..... of particulars supplied in each case & it laid down that the grounds & particulars supplied must convey sufficient information to the detenu to enable him to make a representation that the detaining authority was wrong in its belief that his detention was necessary in the interest of public safety. after the above decision, this matter came ..... of all the particulars are not given would not make the order defective provided that sufficient particulars were given in order to enable the petnr to make an adequate representation against his detention. in this judgment it was mentioned that some of the ground were definitely stated & that, even if one or two grounds were vague, ..... muslims & hindus, (ii) he was in league with some anti-indian elements in pakistan & was in secret communication with them. he had been requesting them to get some people ready who could return to marwar & settle there with a view to assist him in his anti-indian & anti-hindu activities; (iii) he used to visit barmer & .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj66
..... was presented on the 16th april 1913, when the decree-holder applied for execution by attachment & sale of a garden and certain agricultural land, but on the judgment-debtor's representation that he was a member of an agricultural tribe, it was held that these properties could not be sold. the decree-holder then tried to have temporary alienation of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj74
..... be held to be invalid in the face of the written constitution of india. these previsions do not give any opportunity to the licence-holder to make any representation against the action taken by the authorities concerned, or to protect their interest against any wrongful action of the authorities & they further provide scope for the exercise ..... 25 at government procurement rate, which is bound to be much lower than the ceiling price, would present people from carrying on trade or business which could be lawfully done at ceiling price. it would be absurd to suppose that any trade could be carried on by ..... the ceiling price but the government procurement rate which would obviously be less than the ceiling price. secondly, when the ceiling price is fixed, it means that people are free to buy and sell or carry on trade or business at such price. the provision of requisitioning food-grains or directing their disposal under clause .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj171
..... also to be supplied, which should not be vague, indefinite or incomplete, and must convey sufficient information to the detenu to enable him to make a representation that the detaining authority was wrong in its belief that his detention was necessary in the interest of public safety etc. similarly, in the bihar maintenance ..... furnished have relevancy to the objects mentioned in the detention order, that they are vague and do not give them full particulars in order to make effective representation. it was further argued that even without any request from the detenus, the detaining authority might itself furnish particulars to the petitioners not making out any ..... petitioner were either irrelevant to the objects mentioned in the order of detention or were too vague and indefinite to enable the petitioner to make an effective representation. it was argued that according to the affidavit of the district magistrate himself, the only mental satisfaction that he had was that the order was necessary .....
Tag this Judgment!