Court : Mumbai
Reported in : AIR1968Bom370; (1968)70BOMLR257; 1968MhLJ313
..... under art. 191(1)(a) of the constitution, there is no question of setting aside his election on that ground under section 100(1)(a) of the representation of the people act, 1951. the petition will have therefore to stand dismissed with costs.(35) issue no. 5:- in the result, the election petition calling in question the ..... not pressed.4. is the election of the respondent liable to be set aside on the ground that it is void under s. 100(1)(a) of the representation of the people act, 1951?.........no.5. relief and costs?.........the petition stands dismissed with costs.reasons for the findings.(6) issue no. 1(a) - according to mr. dharmadhikari ..... a) of the constitution from being chosen as a member of the legislative assembly. his election should be declared void under section 100(1)(a) of the representation of the people act, 1951.(4) respondent bhaiyyalal contested the claim of the petitioner on the ground that he was not getting any honorarium or any other kind of payment .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC110; 1970MPLJ778(SC); (1969)2SCC218; [1970]1SCR530
..... expenditure was incurred for brijraj singh which was liable to be included in the election expenses of the first respondent. under section 123(6) of the representation of the people act, 1951, the incurring or authorizing of expenditure in contravention of section 77 is a corrupt practice and section 77 provides, insofar as it is material ..... presence of the returning officer or any other officer specified in the rules. the returning officer rejected the nomination papers.4. section 33(1) of the representation of the people act, 1951. requires that each candidate shall deliver to the returning officer a nomination paper completed in the prescribed form and signed by the candidate and ..... the other grounds, and dismissed the petition. the appellant has appealed to this court.2. an election petition has, under section 81(1) of the representation of the people act, 1951, to be filed within 45 days of the date of the publication of the result of the election. an application for setting aside the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC340; (1969)2SCC452; [1970]1SCR845
..... that constituency.(2) no person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the representation of the people act, 1950.(3) no person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one ..... gave a declaration to that effect.4. as seen earlier, the main contention in this appeal relates to the true effect of sub-section (3) of section 23 of the representation of people act, 1950 (to be hereinafter referred to as 'the 1950 act') which prohibits the deletion of any entry or inclusion of any name in the electoral roll of a ..... k.s. hegde, j.1. this appeal under section 116a of the representation of people act, 1951 (to be shortly referred to hereinafter as the act) is directed against the decision of the high court of punjab and haryana in election petition no. 1 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2533; (1970)2SCC825; [1971]1SCR804
..... election on the plea that the 1st respondent was not a member of a scheduled tribe and was on that account not qualified under section 5 of the representation of the people act. 1951 to be chosen to fill a seat in the legislative assembly of bihar from a reserved constituency for scheduled tribes. the high court dismissed the ..... exercise of the powers under article 342 of the constitution. bhaiya ram munda has appealed to this court under section 116a of the representation of the people act, 1951.2. section 5 of the representation of the people act. 1951 provides :a person shall not be qualified to be chosen to fill a seat in the legislative assembly of a ..... included in the general heading munda.32. decisions in support of the contention that the courts cannot allow evidence to be taken for proving that certain classes of people though not expressly designated in the presidential order were intended to be covered by the order may be briefly referred to. it may suffice to state however that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC522; (1969)2SCC634; [1970]1SCR894
..... publication is not tainted by corrupt practice, such an appeal will not be an infraction of the provisions as to corrupt practices as contemplated in the representation of the people act. suggestions that attempts are made to accentuate the differences between the hindus and harijans in the article cannot be extracted in isolation from the entire ..... secured 33,988 votes. the appellant challenged the election on grounds of corrupt practices as mentioned in sub-sections (2), (3) and (4) of the representation of the people act, 1951 (hereinafter referred to as the act).3. at the hearing of the appeal the appellant appeared in person after counsel on his behalf had obtained ..... at opehra polling station passed off peacefully and therefore no one stopped any voter from casting vote. manzoor ahmad in his oral evidence said that he saw people armed with lathis and ballams. he said that he made a complaint to the presiding officer and admitted in cross-examination that there was no written complaint. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1348; (1970)3SCC147; [1971]2SCR611
..... '. petitioner no. 2 objected to his withdrawal. the learned judge dismissed the application of petitioner no. 1 on the ground that section 110(1) of the representation of the people act, 1951, hereinafter called the 'act', dil not permit withdrawal by one petitioner without the consent of his co-petitioner. it has, however, been noted by ..... act to determine the validity or legality of an entry in an electoral roll we shall have to look at the relevant provisions of the act. the representation of the people act 1950, to be called the 'act of 1950' and the constitution. part ii of the act deals with the qualifications and disqualifications for membership ..... the act of 1950 was meant to provide for the allocation of seats and the delimitation of constituencies for the purpose of elections to the house of the people and the legislatures of states, the qualifications of voters at such elections, the preparation of electoral rolls ... and matters connected therewith.7. part iii thereof contains .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC211; (1969)1SCC601; [1969]3SCR813
..... narsinghpur and piparia on february 16, 1967 announcing the benefit of such exemption and that the respondent thus committed the corrupt practice under section 123(1)(a) of the representation of the people act, 1951. the evidence shows that the question of exemption of uneconomic holding from payment of land revenue was being agitated for some time past towards the close of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1889; (1969)2SCC533; [1970]1SCR886
..... .w. 1/1 was against the personal character of the appellant and therefore constituted a corrupt practice within the meaning of sub-section (4) of section 123 of the representation of the people act, 1951 (hereinafter referred to as the act). secondly, the religious head sat guru jagjit singh of the namdhari sect issued an appeal and a farman and thereby the ..... the auspices of his father ch. devi lal, he had been indulging in smuggling and today he is asking for votes in the name of his father. i hope the people will show the face of defeat to such ail obnoxious person. my election symbol is rising sun, put stamp only on that.yourslal chand khod,ellenabad constituency.17. ganga dhar .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC1024; (1969)1SCC408; [1969]3SCR417
1. this appeal under section 116a of the representation of the people act, 1951 arises from the decision in election petition no. 40 of 1967 on the file of the high court of judicature at allahabad. in that petition the appellant challenged .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC256; JT1999(8)SC432; 1999(6)SCALE703; (1999)9SCC386; [1999]Supp4SCR33
..... ? if so, towhat effect? .....opa.issue no. 6. whether the returned candidate has committed corruptpractices of undue influence as defined under section123(2) of the representation of people act, as allegedin para no. 1 l (a) to (0 of the election petition?...opa.issue no. 12. relief.5. the pleadings relevant to these ..... . whether the returned candidate is guilty of corruptpractices of bribery within the provisions of section123(1) and also alleged undue influence under section123(2) of the representation of people act, as allegedin paras nos. 8(a) to (c) of the election petition?...opa.issue no. 5 whether the returned candidate has incurred expenditureexcess than ..... rejected. the respondent was also guilty of various acts of commission and omission which amounted to corrupt practices within the meaning of section 123 of the representation of the people act, 1951 (hereinafter the act, for short) and therefore his election was liable to be declared void and set aside. the learned designated .....
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