Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 140 repealed Court: chhattisgarh

Vani Rao Vs. Amar Agarwal and Another

Court : Chhattisgarh

..... the electoral roll cannot be challenged in a proceeding challenging the validity of the election. 21. further, the application of sections 21 and 23 of the representation of people act 1950 and rules 20 and 23 of registration of electoral rules (1960), which govern preparation of revision of electoral roll and inclusion of names in ..... petition and would submit that meaning thereby the election can not be challenged on the ground of wrong electoral rolls. 9. it is further contended that representation of people act, 1950 provides for preparation of voters list. accordingly, section 21 of the act, 1950 deals with preparation and revision of electoral rolls and section ..... were outsiders were added in the voters list and therefore, the election be declared void which cannot be questioned in election petition. it is contended that representation of people's act, 1950 lays down the scheme with reference to the electoral roll. 6. respondent no.1 has further contended that the entire gist of the .....

Kamta Prasad Choubey Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2004Chh37; 2004(2)MPHT26(CG)

..... districts have issued the impugned orders pursuant to the directions given by the election commission of india under sub-section (1) of section 135c of the representation of peoples act, 1951 and the provisions of this section does not empowers the election commission of india to issue directions for closer of wine shops on the day ..... since these orders have been issued by the respective collectors of the districts pursuant to the directions given by the election commission under section 135c of the representation of peoples act and as per the provisions of this section, only on the date of polling the selling of intoxicants and liquor could be prohibited and the ..... these orders are issued pursuant to the directions given by the election commissioner of india under the provisions of sub-section (1) of section 135c of the representation of peoples act, 1951.during the last vidhansabha elections which were taken place in the year 1998 on the date of counting of votes the shops were closed only .....

Shant Kumar Jaiswal Vs. Nand Kumar Patel and ors.

Court : Chhattisgarh

Reported in : AIR2006Chh18; 2006(1)MPHT45

..... ground of corrupt practices as mentioned in paragraphs no. 8 and 11 and stated that said practices comes within the meaning of section 123 (4) and (5) of the representation of the people act, 1951(hereinafter shall be referred as 'act of 1951'). paragraph no. 8 of election petition which relates to publication of pamphlets is reproduced herein below:-8. that, the ..... so on the basis of said complaint thana police not taken any action though there is endorsement for enquiry that is clear from the documents. thereafter, the petitioner sent the representation to the chief election officer, indian election commission but no one have taken any action on the complaint of the petitioner. in support of election petition and affidavit has been .....

Smt. Shakuntala Singh Vs. Dauram Ratankar and ors.

Court : Chhattisgarh

Reported in : AIR2002Chh16

..... :'the question is not whether the civil procedure code applies because it undoubtedly does, but only 'as far as may be' and subject to the provisions of the representation of the people act, 1951 and the rules made thereunder. section 87(1) expressly says so. the question is whether the provisions of the civil procedure code can be invoked to ..... permit that which the representation of the people act does not. obviously, the provisions of the code cannot be so invoked.'he was further pleased to observe :'concepts familiar to common law and equity ..... proper parties enter the picture at all? we think that the concept of 'proper parties' is and must remain alien to an election dispute under the representation of the people act, 1951. only those may be joined as respondents to an election dispute who are mentioned in sections 82 and 86(4) and no others. however .....

Hema Bai Sahu @ Hima Sahu Vs. State of Chhattisgarh Through The Secret ...

Court : Chhattisgarh

..... the words true copy were not mentioned over the signature. in that case, under the provision of the representation of the people act, 1951, the supreme court considered the pari materia provisions of section 90(3) and 81(2) of the representation of the people act, 1951 to hold that the election petitioner having signed on every page of the copy is deemed to .....

Bedanti Tiwari Vs. Bhaiyalal Rajwade and Others

Court : Chhattisgarh

..... under order 7 rule 11 of the cpc. (2) election petitioner has filed this election petition under section 80a read with section 100 and 101 of the representation of the people act, 1951 (hereinafter referred to as the rp act, 1951 ) for declaring the election of respondent no.1, from 3 bainkunthpur legislative constituency as illegal and ..... (b) of the rp act, if the information so furnished or withheld, would amount to undue influence within the meaning of section 123(2) of the representation of the people act, 1951. therefore this hon ble court can go into the question whether full and complete information was furnished by the returned candidate in his affidavit/declaration ..... the freedom of choice of the voters, then it will fall under the category of undue influence within the meaning of section 123(2) of the representation of the people act, 1951. the failure to furnish full and complete information is an undue influence on the voters and is a corrupt practice rendering the election liable .....

Smt. Santoshi Vs. Additional Collector and ors.

Court : Chhattisgarh

Reported in : 2008(4)MPHT20(CG)

..... be dismissed by the specified officers.13. in the matter of babulal (supra), the division bench of m.p. high court, referring to pari materia provisions contained in the representation of the people act, 1951 (for short 'act of 1951') and provisions contained in rules 3, 4, 7 & 8 of the rules of 1995, has held that provisions of rule 7 is .....

Tarun Chatterjee Vs. Vinod Kumar Naik and ors.

Court : Chhattisgarh

Reported in : 2003(4)MPHT17(CG)

..... dealing with the jurisdiction of the high court for trying an election, it is held that the high court jurisdiction is confined only to the extent conferred by the representation of people act. in this context, the apex court in para 12 referred to the decision in the case of bhagwati prasad dixit ghorewala (supra). in para 19, the ..... prior to the date on which the duration of existing lok sabha would expire under the provisions of article 83(2) of the constitution. section 73 of the representation of people act, 1951 again authorizes the publication of results of a general election to the lok sabha before the expiry of the duration of the existing lok sabha, but ..... he is in receipt of salary and allowances payable to such member is again on the face of it untenable. the proviso to section 14 (2) of the representation of people act, 1951, 1952 authorizes the issue of notification for the general election to the lok sabha and the holding of the general election before expiry of the duration .....

Nand Kumar Sahu Vs. Satyanarayan Sharma

Court : Chhattisgarh

..... mr. aditya tiwari, counsel appearing on behalf of the respondent would submit as under :- i). the ground for declaring the election to be void finds place in section 100 of representation of people act, 1951 (herein after referred to as 'the act of 1951'). it is stated that the provision of sub-section 1 (d) (iv) mandates that in order to ..... the date of nomination, such ground would not be available as the word this act necessarily refers to act of 1951. ii). he further made a reference to the representation of people act, 1950 (hereinafter referred to as the act of 1950 ) and stated that one of the preamble of the act is for preparation of electoral rolls manner of ..... of india. section 16 of the 1950 act disqualifies a person for registration as a voter if he is not a citizen of india. section 62 of the representation of the people act, 1951 called the 1951 act prohibits a person from voting at an election in any constituency if he is subject to any disqualifications mentioned in section 16 .....

Ajit P.K. Jogi Vs. National Commission for Scheduled Castes and Schedu ...

Court : Chhattisgarh

Reported in : AIR2007Chh90

..... relating to election which can be questioned only by an election petition under the law prescribed by the appropriate legislature (cf. chaps. ii-iii of the representation of the people act, 1951).28. in the course of the argument, shri jog singh learned standing counsel for the first respondent-commission submitted that the commission has received ..... on the basis of a false scheduled tribe certificate pertains to election dispute and that issue can be decided only by the competent authorities under the representation of the people act and the high court and the supreme court in an election petition and or an appeal as the case may be, and the same was ..... in case, the candidate seeks for an opportunity of hearing and claims an inquiry to be made in that behalf, the director on receipt of such representation/reply shall convene the committee and the joint/additional secretary as chairperson who shall give reasonable opportunity to the candidate/parent/guardian to adduce all evidence in support .....