Court : Patna
..... premature dissolution. upon correct appraisal and intrepretation of provisions of articles 324, 174, 85 & 329 and the provisions of sections 14 & 15 of the representation of the people act, 1951, we find that this sole submission does not carry the petitioner any further. it is without recognisable and cognisable proposition.16. after having ..... to issue notification for the proposed general election for the bihar legislative assembly in terms of constitutional, as well as, statutory provisions contained in the representation of the people act, 1951, in 'four phased programmes' including fixity of dates for polls.12. the submissions raised by learned counsels appearing for the election commission ..... the powers of holding elections in general and article 324 and 329 in particular of the constitution, as well as, other statutory provisions of the representation of peoples act.3. this court, on the day of admission while passing an order, on 9.9.2005, did direct the election commission of india .....
Tag this Judgment!Court : Patna
..... sub-section (1) of section 100 is a 'residual catch-all clause'. whenever there has been non-compliance with the provisions of the constitution or of the representation of the people act, 1951 or of any rules or orders made thereon if not specifically covered by any other preceding clause or sub-clause of the section it shall be coveredly ..... quoted, which is relevant for the purpose of the present case, which runs as follows (at pages 2985-2986 of air) :-- '29. section 100 of the representation of the people act, 1951 needs to be read with article 329(b), the former being a product of the latter. the sweep of section 100 spelling out the legislative intent ..... stating the grounds for declaring the election to be void in an election petition is also the same as is the provision contained under section 100 of the representation of the people act, wherein the grounds have been given for declaring the election of the parliament and legislative assembly to be void.14. the question as to whether the .....
Tag this Judgment!Court : Patna
..... of sub-section (1)) of section 100 is a 'residual catch-all clause'. whenever there has been non-compliance with the provisions of the constitution or of the representation of the people act, 1951 or of any rules or orders made therein if not specifically covered by any other preceding clause or sub-clause of the section it shall be covered ..... 29 of the judgment has to be also quoted, which is relevant for the purposes of the present case, which runs as follows:29. section 100 of the representation of the people act, 1951 needs to be read with article 329(b), the former being a product of the latter. the sweep of section 100 spelling out the legislative ..... stating the grounds for declaring the election to be void in an election petition is also the same as is the provision contained under section 100 of the representation of the people act, wherein the grounds have been given for declaring the election of the parliament and legislative assembly to be void.14. the question as to whether the .....
Tag this Judgment!Court : Patna
..... held that the word "election" used in article 329b means and includes the entire process of election from the issue of the notification under section 14 of the representation of the people act, 1951 to the declaration of the result under section 66 of the act. he finally brought to my notice a recent deci-sion of the supreme court ..... 5 of 1996), to the main body of section 137a were added the following two provisos."provided that the state election commission suo motu or on receipt of written representation from an aggrieved person, is of the opinion that there is sufficient reason for doing so, may direct such changes to be made in the electoral rolls of ..... the coming elections were made possible.13. the elections which are going to be held after more than 22 years seem to have evoked extra-ordinary enthusiasm in the people of the state. but the electoral officers, particularly those working in the field do not seem to be fully trained and equipped for managing and conducting the elections .....
Tag this Judgment!Court : Patna
..... affidavit that was filed by the district programme officer (establishment), madhepura, it was also explained that the impugned order passed by the director, primary education pursuant to the representation filed by the petitioner in terms of the observations made in the order of this court dated 6.1.2010 in cwjc no. 13188 of 2009 (second writ application ..... for the period 6.1.1981 to 7.3.1995 and give reasons if such claim of the petitioner was not allowed. the petitioner, thereafter, had filed his representation before the director, primary education, which has been disposed of by the impugned order dated 27.12.2011 wherein it has been held that the petitioner would not be ..... and to pass a speaking and reasoned order in case the claim of the petitioner for payment of salary with effect from 6.1.1981 is found payable. the representation of the petitioner was disposed of by the state government vide order dated 7.3.1995, which reads as follows (language) 5. from the contents of the aforesaid .....
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..... to real danger of bias, the judge should make disclosure, as soon as possible, once he became aware of the matter, to give the opportunity for representations. what constituted appropriate disclosure depended on the stage reached in the proceedings: more was required by way of inquiry and disclosure before than towards the end of ..... authority (supra) that there must be reasonable evidence to satisfy that there was a real likelihood of bias and vague suspicions of whimsical, capricious and unreasonable people should not be made the standard to regulate normal human conduct. the following observations of justice john clarke in this regard as quoted in the case ..... improper motives were qualified at common law to discharge judicial functions, or to quash decisions on the strength of the suspicions of fools or other capricious and unreasonable people. the following observation of justice frank in the case of linahan re reported in (1943) 138 f 2nd 650 is locus classicus and worth quoting:- if, .....
Tag this Judgment!Court : Patna
..... losing candidate was used as a ground to challenge the election results. courts negatived it because of the mandatory nature of section 83 read with section 101 of the representation of the people act, 1950 (hereinafter referred to as the act) which makes it mandatory to plead facts necessary to show that the results would have been materially affected. courts held that ..... respondents election has been challenged because he suffers from a constitutional disability or constitutional disqualification. a person, who is constitutionally disqualified, can never be accepted as a representative of the people. thus, this issue, as raised by the sole respondent, is misconceived. 28. i may also state that in view of provisions of section 100 (1) (a) of the act which .....
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..... bihar legislative council from 02-gaya graduate constituency held on 10.04.2011 as also prayed to declare the said election void under section 100 of the representation of the people act, 1951 (hereinafter referred to as the act?) and sole respondent ought not to have been declared elected from the said constituency as he secured ..... -sheet dated 14.04.2011 (annexure-1). 2. in support of the aforesaid plea election petitioner has relied on the provisions of section 21 of the representation of the people act, 1950 (hereinafter referred to as the 1950 act?) and rule 31 of the registration of electors rules, 1960 and with reference to the aforesaid ..... for inclusion of name in the voter list but also to make arrangement to receive the request for inclusion at the block headquarter, as according to representation the representationists and others faced difficulty in approaching the headquarter from their village because of the distance between the village and the headquarter, on account of .....
Tag this Judgment!Court : Patna
..... .2013: 1. whether the election petition itself is not fit to be rejected for non-compliance of sections 81, 82 and 117 of the representation of the people act, 1951? 2. whether the election of sole respondent from munger parliamentary constituency is not void for conduct of corrupt practice within the meaning of ..... section 123 of the representation of the people act, 1951?? ] 39. in support of the allegations set out in the election petition election-petitioner examined as many as 11 witnesses, namely, p. ..... , barahiya, barh, mokama block(s). in paragraph 32 of the cross-examination election-petitioner has stated that he thought that his election agent has submitted representation with regard to the irregularities, illegalities committed at booth nos. 193, 194 of barh assembly constituency to the election commission of india by the policemen, home .....
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..... the regulatory commission had already passed orders on the application of the power holding company on 26.02.2013. it was pointed out that petitioner company's representation was received after the order had been passed. the regulatory commission also enclosed the order as passed in relation to amending the eligibility criteria as sought by ..... issued by the government of india which necessitated change in eligibility criteria. the only reason for change was a change in opinion or an afterthought by the people responsible for issuing the nit. it was apparent that the power holding company was aware that they could not change it easily. they first tried to get ..... power holding company that while it welcomed any move of relaxation of any terms and conditions in the bid document would encourage more competitiveness by permitting more people to participate, the power holding company should not alter or amend the bid document in a manner to restrict competition or make it more stringent because as .....
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