Court : Supreme Court of India
Reported in : AIR1984SC399; 1983(2)SCALE800; (1984)2SCC404; [1984]1SCR939; 1984(16)LC179(SC)
..... president by issuing a notification under article 356 of the constitution. a notification was issued by the governor of uttar pradesh under section 15(2) of the representation of the people act, 1951 (hereinafter referred to as 'the act') in april, 1980 calling upon all the assembly constituencies in uttar pradesh to elect members to the legislative ..... the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation, of the people act, 1950 (43 of 1950). sub-clause (b) of clause (1) of article 80 of the constitution states that the council of states (the ..... each state in 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. section 152 of the act provides that the returning officer for on election by the elected members of the legislative .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC2573; (1977)1SCC260; [1977]1SCR741
..... entitled to vote in a constituency must have been entered in the electoral roll of that particular constituency in accordance with law. section 23(3) of the representation of the people act, 1950 provides that no amendment, transposition or deletion of any entry shall be made and no direction for the inclusion of a name in the ..... was received by him from the chairman of the local body concerned. that unquestionably is the true legal position because under section 27(2)(d) of the representation of the people act, 1950 it is the duty of the chief executive officer of every local authority (by whatever designation he may be known) to inform the electoral ..... as the first and their jurisdiction in that behalf has not been questioned.9. an interesting question however arises by reason of the provisions contained in the representation of the people act, 43 of 1950. section 15 of that act provides that for every constituency there shall be an electoral roll which shall be prepared in accordance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1177; 1981(1)SCALE655; (1981)3SCC260; 1981(13)LC272(SC)
..... the other candidates who had also contested the said election and had been defeated. in the said election petition filed by venkatarayappa under section 81 of representation of the people act, 1951 (hereinafter referred to as the act), the petitioner had prayed for a declaration that the election of munishamappa was void under section 9a ..... election of munishamappa on the only ground on which the validity of the said election was challenged was that munishamappa was disqualified under section 9a of the representation of people act, 1951, as he had a subsisting contract with the government on the date of filing his nomination. after the pleadings had been completed, issues ..... light of the provisions of law relating to contract and the interpretation cannot, be any different while considering the provisions contained in section 9a of the representation of people act, 1950.18. as on a proper consideration of the materials on record, we are of the opinion that there was no subsisting contract on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1972)3SCC862
..... bam dev and munshi ram another candidate at the election had committed corrupt practice described in section 123, sub-sections (1), (6) and (7) of the representation of people act, 1951. on the plea raised by the petition four issues were raised by the high court, but counsel for the first respondent did not press issues 3 and 4 ..... whether respondents 1 and 2 (bam dev and munshi ram respectively) are guilty of a corrupt practice of bribery within the meaning of section 123(1) of the representation of people act, as alleged in para 4 of the petition?2. has respondent 1 (bam dev) incurred expenses more than the permissible limit for the purpose of his election ..... and thereby has committed a corrupt practice within the meaning of section 123(6) of the representation of people act?the high court recorded a finding on the first issue in the affirmative and the second in the negative.2. in para 4 of the election petition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC395; 1969(17)BLJR466; 1969MPLJ459(SC); [1969]1SCR499
..... censure. in our opinion both spiritual censure and divine displeasure are implicit in the speeches as made. the case, therefore, falls clearly within section 123(2)(ii) of the representation of the people act, 1951.14. it will be encumbering this judgment if we record the incidents which relate to the election agent, except to say that the election agent somani made ..... the certificate of the tehsildar was based on the affidavit which was annexed to the certificate. there was no compliance with the, provisions of section 33(5) of the representation of the people act and there was, no power in the court to dispense with this requirement. it is a well-understood rule of law that if a thing is to be ..... laxmi chand, male, aged 45 years. 16-1-1967.sd/-16-1-67tehsildar, harda.'5. he did not produce the kind of evidence which section 33(5) of the representation of the people act, 1951, requires to be produced when a candidate is registered as a voter in some other constituency. section 33(5) of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2515; 2005(4)ALD121(SC); 2005(5)ALLMR(SC)611; 2005(5)BomCR179; (2005)4SCC522; 2005(2)LC938(SC)
..... trial court had framed a omnibus issue as issue no.1 reading 'whether the petitioner proves that the respondent has committed corrupt practices under section 123(4) of the representation of the people act, 1951 on the grounds mentioned in paragraph nos. 5, 9, 13, 15, 17, 19, 21 and 23 of the petition?' it was subsequently split up into nine ..... would not amount to an allegation which could be treated as amounting to a corrupt practice especially these days when drinking alcohol as such is not taboo and in society, people generally consume alcohol. the high court took the view that in the speech concerned, the respondent had only suggested in a manner, that the appellant has encouraged drinking by ..... p.k. balasubramanyan, j.1. this is an appeal under section 116a of the representation of the people act, 1951 (hereinafter referred to as 'the act'). the appellant was the petitioner in the election petition filed before the high court. the appellant and the respondent contested from 94 - .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC872; [1969]1SCR679
..... limitation act.15. before the recent amendment of the representation of the people act election petitions had to be presented to the election commission which was empowered the under section 85 to dismiss the petition if the then provisions of ..... by section 29(2) of the limitation act. in our opinion however the limitation act cannot apply to proceedings like an election petition inasmuch as the representation of the people act is a complete and self-contained code which, does not admit of the introduction of the principles or the provisions of law contained in the indian ..... practices he had not been impleaded as a party to the petition which was liable to be dismissed under the provisions of section 82(b) of the representation of the people act, 1951 (hereinafter referred to as the 'act') in compliance with section 86(1). the election petitioners filed application no. 187 of 1967 for withdrawing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2000(6)ALT15(SC); 2000(3)BLJR2415; 2000(6)SCALE729; (2000)8SCC649; [2000]Supp3SCR634; 2001(1)LC345(SC)
k.g. balakrishnan, j.1. the short question involved in the present appeal is whether in computing the period of limitation as provided in section 81(1) of the representation of the people act, 1951 (hereinafter mentioned as 'r.p. act, 1951'), the date of election of the returned candidate should be excluded or not.2. the appellant and the respondent herein contested ..... petition was not provided in section 81(1) of the r.p. act, 1951. the period of limitation for presentation of election petition was provided under rule 119 of representation of the people (conduct of election & election petitions) rules, 1951. in this code of rules, by rule 2(6), it was expressly provided that the provisions of the general clauses act would .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC918; 2006(2)ALT44(SC); (2006)108BOMLR320; JT2006(1)SC394; 2006(2)MhLj1; 2006(I)OLR(SC)393; 2006(1)SCALE344; (2006)2SCC682; 2006(1)LC357(SC)
..... on the grounds of equity or logic or perceived legislative intention. a combined reading of article 191 of the constitution of india and chapter iii of the representation of the people act, 1951 makes it clear that a person can be held to be disqualified for being chosen as, and for being, a member of the legislative ..... is not generally permissible.we think that the language as well as the legislative history of articles 171 and 173 of the constitution and section 6 of the representation of people act, 1951, enable us to presume a deliberate omission of the qualification that the representative of the graduates should also be a graduate. in our opinion, ..... state. apart from specifying four grounds of disqualifications, it provides that a person can be disqualified by or under any law made by the parliament. the representation of the people act, 1951, a law made by the parliament, has introduced six disqualifications for a person being chosen as and for being member of legislative assembly of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3358; JT1999(8)SC121; 1999(6)SCALE413; (1999)8SCC574; 2000(1)LC19(SC)
..... induce him to vote in favour of the respondent?9) whether respondent has committed corrupt practices as defined in clauses (1), (2) and (6) of section 123 of the representation of peoples act either by himself or through any other person with the respondent's consent?10) what orders?2. after the evidence was led by the parties, learned designated election judge ..... appellant has confined his submissions in this appeal to the allegations relating to the commission of corrupt practices under section 123(1), 123(2) and 123(6) of the representation of the people act, 1951 (hereinafter referred to as 'the act'). the submissions have been confined to the incidents covered by issues 1 to 5.4. the gravamen of the charge of .....
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