Court : Andhra Pradesh
Reported in : AIR1969AP68
..... to subscribe to this contention. it is not as though the provisions of the civil procedure code are made applicable without any qualifications. section 87 of the representation of the people act makes the provisions of the civil procedure code available so far as they are not inconsistent with the provisions of the act. in fact, section 87 ..... and who on account of withdrawal of candidature under section 37, are not included in the list of contesting candidates prepared under section 38 of the representation of the people act, are within the meaning of that term. such candidates have necessarily to be made party-respondents if there are allegations against them of any ..... , not only giving but also receiving (bribe) is equally an offence and is a corrupt practice, within the meaning of section 123 of the representation of the people act. thus it is manifest that there are allegations of corrupt practices against punnaiah sastri in the election petition, as it stood before the amendment and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP218
..... and control of the preparation of the electoral rolls and the conduct of all elections. in the context of these provisions section 25 of the representation of the people act (1050), must be examined. this section relates to revision or correction of electoral rolls in special cases and it authorises the election commission ..... migrated to other constituencies registered as voters, etc. in our view, this contention has force. article 324, and section 21(3) of the representation of the people act, 1950 enacted pursuant to the power vested in parliament under article 327, vest in the election commission the power of superintendence, direction and control ..... delimited by the delimitation commission's order, challenged the order of the chief election commissioner purporting to exercise his authority under s. 21 of the representation of the people act, 1950, by which he directed the electoral registration officer, vijayawada, east assembly constitutency to delete parts 6, 7 and 8 of the electoral .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALT661
..... referred to supra. elaborate submissions were made in relation to the constitutional disqualifications in the context of the legislators and also the disqualifications specified under representation of the people act, 1951 and also the applicability or otherwise of article 164 of the constitution of india. this court is not inclined to express any further ..... legislative assembly or to parliament. therefore, in any view of the matter, it cannot be said that the high court, exercising jurisdiction under the representation of the people act in an election petition is precluded from going into the question of status of a candidate or proceeding to make an independent inquiry into ..... 191, 192 and 193 of the constitution of india. the counsel also had explained the scope and ambit of the different provisions of the representation of the people act. the learned senior counsel while further elaborating his submissions would maintain that no relief had been prayed for in the writ petition in relation .....
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 : AIR1985All118
..... , now the plea is, that at least that impieadment of these persons in the election petition would be against the provisions of section 82 of the representation of the people act, and will involve the penalty of dismissal of the petition under section 86. section 82 is a provision laying down the principle regarding parties to ..... to the satisfaction of the court to be acquainted with the facts of the case. the law as contemplated by section 83(1)(c) of the representation of the people act, therefore, gives a latitude to the election petitioner to verify the election petition in the manner provided by order vi rule 15 of the civil procedure code ..... the grounds mentioned in that election petition. after about 5 months kapil deo presented an application for withdrawal of the election petition under section 109 of the representation/ of the people act. upon this shibban lal saxena, respondent no. 1, filed an objection. his objection was dismissed and kapil deo's application for withdrawal from the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All593
..... an election petition, which is specifically mentioned as a deposit for the election petition, can only be the deposit required by section 117 of the representation of the people act.it cannot be a deposit under the other four sections of the act mentioned above. these entries in the receipt thus by themselves show without ..... of the head of account, which was prescribed by the government for making deposits in connection with the elections. it appears from the provisions of the representation of the people act, that deposits in connection with election petitions can arise under five different provisions of law. firstly, security for costs of an election petition has ..... constituency no. 122 etah.' in view of these entries in the treasury receipt, the election tribunal held that the provisions of section 117 of the representation of the people act had not been complied with in two respects. according to the election tribunal, one non-compliance was that the receipt did not show that the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All705
..... tribunal in the present case that the petition would not be decided within the six months' period mentioned in sub-section (6) of section 90 of the representation of the people act, 1951, is, in no case, a relevant consideration.consequently, it is clear that the election tribunal has dismissed the amendment applications on a ground which ..... an amendment application can be made and dealt with by the court, lays down that the directive in sub-section (6) of section 90 of the representation of the people act is to be one of the considerations for deciding the application for amendment of an election petition. the considerations, on which such applications for amendment have ..... of the election petition which had been presented by the petitioner and which was entrusted to the tribunal at etah under section 86(1) of the representation of the people act, 1951, as amended upto-date.the facts given in the various affidavits do not disclose the date on which the copy of the petitionwas published .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All794
..... officer, allahabad. the election commission directed, by its telegram dated 1-3-1957,'taking of fresh polls for either election under section 58 of the representation of the people act, 1951, in polling station number fifty-four of meja assembly constituency forming a component part of allahabad parliamentary constituency on seventh march between 8-30 ..... or procured assistance from any of the government servants mentioned in the election petition.the pleadings really were not in compliance with section 83 of the representation of the people act as remarked by the election tribunal, but as the case has gone to trial and evidence has been adduced on the point, we ..... candidates at polling stations other than babhni-hather, before the repoll at babhni-hather had taken place, was a breach of the provisions of the representation of the people act, according to which the counting of votes should have been done only after polling had taken place at all the polling stations in the constituency .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP156
..... therefore use of the said pamphlets and posters was contrary to the directions. it is further submitted that respondent had committed violation of section 127a of representation of the people act, therefore also the election of respondent no. 1 deserves to be set aside. 4. the respondent in her return admitting the material facts ..... nandini singh (the returned candidate) and it has adversely affected the election results? (ii) whether the respondent has violated the provisions of section 127a of representation of the people act, 1951 and if yes, it is a fact? (iii) whether the petitioner is entitled to file the present election petition and the election petition ..... 14. learned counsel for the petitioner submits that the returning officer could not amend or substitute the name. referring to section 33(4) proviso of representation of the people act. 1951, it was contended that only printing error in relation to the name commonly understood could be corrected and the different name could not be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP226
..... the tribunal had by its order dated 24th september 1957 ordered that these allegations should be struck off. a bare perusal of section 100 of the representation of the people act clearly shows that corrupt practices committed with the consent of the returned candidate or his election agent or by any other person in the interests of ..... contended that jhandulal was really above 25 years of age and the rejection of his nomination paper brought the matter within section 100(1)(c) of the representation of the people act and the election was therefore void. if the nomination paper of jhandulal was wrongly rejected, then it is manifest that the election would be void ..... because section 100(1)(c) of the representation of the people act does not admit of any qualifications. the petitioner, however, failed because jhandu-lal's age was wrongly given by him. jhandulal was described as born .....
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