Court : Allahabad
Reported in : AIR1993All199
..... the election dispute relating to the assembly and the parliament under article 71 of the constitution. the language of sub-s. (1) of s. 80a of the representation of the people act, 1951, which is relevant, is as extracted below:--'(1) the court having jurisdiction to try the election petition shall be the high court.'the provision by ..... election petition functions as a tribunal, the controversy hinges around as to whether the inherent power is available to the high court while functioning as a tribunal under the representation of the people act, 1951, the high court is, no doubt, a court and it inheres, in its very constitution, all such powers, as may be necessary, to ..... submitted that this court has held in election petn. no.9 of 1991, ram nakshtra v. ramapati, as under :--'the position of the high court under the act (representation of the people act, 1951) is akin to that mentioned in the case (supra) (air 1978 sc 499, charan lal sahu v. shri neelam sanjeeva reddy) that it functions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All114
..... notification published in the gazette of india (extraordinary) whereby in the purported exercise of powers as contained in sub-section (2) of section 14, representation of the people act, 1951 (hereinafter referred to as the act) he called upon all parliamentary constituencies (other than those within the states of assam and punjab) to ..... purpose' have significance. these words are referable to the purpose mentioned in sub-section (1), namely, the purpose of constituting a new house of the people. in sub-section (2) the president is required to call upon all parliamentary constituencies to elect members by issuing one or more notifications the notification or ..... elect members of a new house of the people. the petitioner, who appears in person, questions the jurisdiction of the president to issue such a notification before 20th january, 1985. according to the petitioner .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All267; (2004)3UPLBEC2437
..... e.g. the provisions in part iii. the said expression cannot be interpreted to mean that the election authorities can violate the provisions of the representation of the people act on the pretext that they are exercising their right under article 324.22. for the reasons given above, this petition is allowed and the ..... such school, hospital, library or orphanage, shall be requisitioned:17. thus a school cannot be requisitioned at all under the aforesaid acts.18. moreover, the representation of the people act, 1951 is a special law which deals with requisition of premises for election purposes. on the other hand, the requisitioning and acquisition of immovable property act ..... 5-5-2004, the college premises is required from 3rd to 5th may for lodging 1000 employees who will be doing election work.5. section 160 of representation of the people act, 1951 (hereinafter referred to as the act), states:160. requisitioning of premises, vehicles etc., for election purposes.-(1) if it appears to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All86
..... cases, both english and indian. in england the relevant provision relating to inspection of ballot-papers and other election papers is section 57 of the english representation of the people act, 1949. !t is not necessary to reproduce that provision. suffice it to say that the law in england is that the ballot-papers can ..... act or the rules framed thereunder. in mallappa basappa v. desai basavaraj ayyappa : [1959]1scr611 the supreme court clearly held that the provisions of the representation of the people act as a whole constitute a seif-contained code governing the trial of election petitions. the allahabad amendments cannot override form no. 25. the affidavit filed ..... those of the petitioner were controverted. inter alia, an objection was also taken that the petitioner had not complied with the provisions of section 83 of the representation of the people act, 1951, and that the allegations made in the petition were vague and the petition has liable to be dismissed.5. on the 8th of august .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All552
..... case had been made out by the petitioner for claiming a recount.20. sri kacker for the first respondent then contended that under the scheme of the representation of the people act an election of a returned candidate can only be questioned on the statutory grounds for setting aside the election mentioned in that act and there being no ..... which have been cited by sri khare this question was posed or considered and those cases cannot be relied upon for the proposition that the provisions of the representation of the people act contemplate the setting aside of an election on the ground of miscount. sri khare in answer submitted that the law on this score was well settled ..... and, a long series of decisions of the election tribunals and the high courts in india even alter passing of the representation of the people act have accepted that a miscount is a valid ground for questioning the election of a returned candidate. sri khare relied on the rule of stare decisis .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All1
..... election petition by virtue of section 90 (1). it was held that that provision was not applicable, because, in view of the scheme of the representation of the people act anelection petitioner cannot withdraw a part of the claim. that would defeat recrimination proceedings. then, the act especially provided for withdrawal of the election petition ..... hence, possess inherent powers other than those which may be ancillary to the powers conferred on it by the statute.20. part vi of the representation of the people act deals with 'disputes regarding election.' chapter i of this part is the definition chapter. chapter ii deals with preliminary matters and reference of the ..... to the contesting respondent which were assessed at rs. 300.12. the election petitioner came to this court in appeal under section 116a of the representation of the people act against the order dated 27th april, 1965, dismissing the election petition. the principal grievance expressed in the memorandum of appeal was that the view .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All88
..... decided by some election tribunals or by some high court or by the supreme court. the election tribunals, as they stood constituted prior to the recent amendment of the representation of the people act, were subordinate authorities and were under the superintendence of the various high courts under article 227 of the constitution. the orders by them were amenable to the jurisdiction ..... in his return the expenses to the extent of rs. 50 advanced by him to chamman, will it amount to a corrupt practice under section 123(6) of the representation of the people act, 1951? 10. by an order dated the 16th of october, 1967 i directed that the case shall be put up for the decision of the 2nd, 3rd ..... the payment of a sum of rs. 50 advanced to chamman in the return of expenses did not amount to a corrupt practice under section 123(6) of the representation of the people act.8. there were other pleas also taken in the case, but we are not concerned with those pleas and they are not to be determined at this .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All426
..... constitution, which, as discussed above, may or may not after the conclusion of the entire election, be made a ground under sections 100 of the representation of the people act for calling the election in question but an application under article 226 of the constitution challenging the validity of the impugned act which forms port of ..... is to be an independent body, at the stage when the matter is brought up before it.'5. this takes us to the provisions of the representation of the people act. section 80 of the act provides that no election shall be called in question except by an election petition presented in accordance with the provisions of ..... government. in other words, free and fair elections are a basic postulate of a free democratic society. the concept of demorcracy, therefore, pre-sup-poses the representation of the people in the parliament and state legislature by the method of election. part xv of the constitution deals with the matters: relating to election. the scheme and scope .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All227
..... its discretion in favour of the petitioner,17. i now come to the question whether the interpretation which has been sought to be placed upon section 86 of the representation of the people act, 1951, is a correct one. it is argued that under section 86(2) the election commission was bound to nominate a person only from the list ..... he was enrolled, while a vakil high court or an advocate could practise in any district.7. the question, therefore, arises whether in section 86 of the representation of the people act, 1951, the legislature intended to confine the list only to advocates of the high court who had been in practice as advocates for not less than ten ..... petition should fail, but even on the merits. i am not satisfied that this application has any force.5. reliance has been placed on section 86 of the representation of the people act, 1951, (act xliii of 1951). section 86 provides that theelection commission has to appoint an election tribunal of three persons, one of whom is to be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All454
..... party, because the other opposite parties, though served with the notice of the petition, have remained absent) filed a petition under section 81 of the representation of the people act challenging the petitioner's election on several grounds including that the result of the election was materially affected by the irregularities committed by the returning ..... they were admittedly made after more than fourteen days from the date of the commencement of the trial.4. a reference to rules made under the representation of people act concerning counting of votes is necessary. rule 57 provides that ballot papers taken out of each ballot box must be arranged in convenient bundles and ..... was not duly elected, in the same manner as if he had presented a petition against the election of that person.'section 97 of our representation of the people act deals with recrimination case and not with scrutiny.13. the nature of a notice of recrimination was explained by the supreme court in mallappa basappa .....
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