Court : Allahabad
Reported in : AIR1958All137
..... is based on any reasonable classification which would be justified in view of the purpose for which the tribunals are constituted.4. under section 86 of the representation of the people act, 1951, an election tribunal is to consist of one single member who must ordinarily be appointed out of the list of district judges maintained by the ..... to parliament, to the legislatures of states and to the offices of president and vice-president, as well as the subject o the election commission, passed the representation of the people act, 1951, and laid down that the power of appointment of election tribunals should vest in the election commission, so that the act should be in ..... , therefore, fails.7. the third point raised by learned counsel, according to him, arises out of the provisions of sections 86, 88 and 116a of the representation of the people act. under section 86 of the act, the petition is referred by the election commission to an election tribunal for trial. under section 88 of the act, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All181
..... termination of the petition by its dismissal the election com-mission had issued a notification treating it to be an order under section 98 of the representation of the people act. the contention therefore is that the notification issued by the election commission conclusively shows that the order of the tribunal was an order under ..... was then contended by learned counsel that the order dismissing the election petition for default was itself an appealable order under section 116-a of the representation of the people act and if that remedy was available to the petitioner, the tribunal could not exercise any inherent power to restore it. since we have already ..... at length, we are of the opinion that this contention of the learned counsel is not supported by the provisions of the representation of the people act. section 90 of the representation of the people act provides as follows:--'subject to the provisions of this act and to any rule made thereunder, every election petition shall be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All334
..... petition and in the schedule annexed with it. according to these allegations the case will be covered by sections 123(3) and 123(3-a) of the representation of the people act.19. before we take up the evidence in this respect, the legal position regarding a plea of this type should be made absolutely clear. there is ..... reception, refusal or rejection of votes and by reception of void votes. it has also been materially affected by the non-compliance with the provisions of the representation of the people act and the rules and the orders made thereunder. the details of illegality in counting, accepting and rejecting of votes have been given in paragraph no. 18 ..... of religion and community and thus the election has been held in contravention of the provisions of law attracting sections 123(3) and 123(3-a) of the represention of the people act.3. it is further contended, vide para 17 that in villages bhutpuri and hafizabad, which were predominantly hindu villages, the. respondent no. 1, his agents .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All279
..... respect of this corrupt practice are mentioned subsequently in this petition. 2. for the returned candidate there is application filed under section 86 of the representation of the people act, 1951 which the petitioner resists.3. i have heard counsel for the parties and perused the record.4. it is well settled that to ..... the respondent, and with his consent his agents and workers, committed the corrupt practice and undue influence within the meaning of section 123(2) of the representation of the people act 1951. material facts and necessary particulars in respect of this corrupt practice are mentioned subsequently in this petition. (c) because the respondent himself and his ..... in so far as it concerns the respondent, has been materially affected by the non-compliance with the provisions of sections 33 and 36 of the representation of the people act, 1951 and the conduct of election rules. the material facts and particulars regarding this ground are mentioned in this petition later on. (b) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1982MP108
..... by the deputy registrar under his own signature. (3) the deputy registrar shall have petition examined in order to find out that all requirements of the representation of the people act, 1951, and these rules have been complied with. (4) the deputy registrar shall affix his full signature to every page of the petition and ..... enabling and in notification in earlier orders issued by the chief justice under section 51 of the states reorganization act, 1956, relating to election petitions presented under the representation of the people act, 1951, which came into force from 22nd feb. 1967, on the day they were published in m. p. rajpatra. rule 6, rule 7 and ..... to election petitions.2. in order to appreciate the points raised in this application, it is necessary to refer to the provisions of section 81 of the representation of the people act, 1951, relating to presentation of petitions which is as under:'81. presentation of petitions -- (1) an election petition calling in question any election may .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H175
..... it is proved that he is subject to disqualification mentioned in section 16 of act 43 of 1950. the counsel next referred to section 5 of the representation of the people act, 1951, which provides for the qualifications for membership of a legislative assembly. it lays down that 'a person shall not be qualified to be ..... of allegiance or adherence toa foreign state and thus the respondent is disqualified to remain a member of the legislative assembly under section 100(a) of the representation of the people act. '(c) that the said improper acceptance of the nomination paper o the respondent has materially affected the result of the election in this constituency as ..... a citizen of india as defined in article 173 of the constitution and thus was not even eligible to become an elector under section 5(c) of the representation of the people act, 1951. the respondent hails from burma and ho never acquired the citizenship of india. his parents still reside at 24c, block, zeago bazar mandalay (burma .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H385
..... the provision of section 22 of the representation of the people act. the subsequent report of the commissioner, hissar division, dated october 22,1980, clearly bring out that the electoral registration officer did not ..... . the non-compliance of the directions by the electoral registration officer would, therefore, not vitiate the orders passed under section 22 of the representation of the people act. the subsequent report of the commissioner hissar division dated october 22, 1980 clearly bring out that the electoral registration officer did not follow ..... electoral rolls. it is admitted that the electoral verification in terms of the directions issued by the election commission under section 22 of the representation of the people act, 1950 are mandatory and non-compliance thereof vitiates the order of deletion. the learned counsel for the elected members has contended that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H526
..... rejected on the ground that he nomination paper did not contain her electoral roll number and there was thus failure to comply with the provisions of the representation of the people act, 1951. it is, however, obvious that appellant could not possibly have mentioned her electoral roll number at the time of filing the nomination paper ..... in whether an otherwise qualified candidate should have been debarred from fighting the election. on considering the matter in the light of the provisions of the representation of the people act, 1951, it appears to me that the returning officer did not act improperly when he accepted the appellant's nomination appear, and the election ..... -section (7) differently worded. counsel have also pointed to other amendments in the act which it is unnecessary to mention. it is admitted that the representation of the people act, 1951, has been extensively amended obviously in view of several decisions under the old act, and it is in these, circumstances not possible to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1952SC64; (1952)IMLJ775(SC); [1952]1SCR218
..... to be presented after the election is over, and there is no remedy provided at any intermediate stage. 20. it was argued that since the representation of the people act was enacted subject to the provisions of the constitution, it cannot bar the jurisdiction of the high court to issue writ under article 226 of ..... really a code in itself providing the entire ground work for enacting appropriate laws and setting up suitable machinery for the conduct of elections. 16. the representation of the people act, 1951, which was passed by parliament under article 327 of the constitution, makes detailed provisions in regard to all matters and all stages connected with ..... court under article 226 of the constitution for the following reason - scrutiny of nomination papers and their rejection are provided for in selection 36 of the representation of the people act, 1951. parliament has made this provision in exercise of the powers conferred on it by article 327 of the constitution which is 'subject to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC300; (1967)69PLR1031; [1968]1SCR104
..... the law as it stood at the relevant time respondent no. 1 was required to deposit a sum of rs. 2,000 as security under s. 117 of the representation of the people act, 1951. on october 7, 1966, the date fixed for argument on the preliminary issues, respondent no. 1 deposited a further sum of rs. 1,000 as ..... to s. 97(1) was invalid. on this objection, the tribunal raised the following preliminary issue being issue no. 10 : 'whether the notice under section 97 of the representation of the people act, 1951, given and the recrimination statement filed on behalf of respondent no. 1 are invalid because of the insufficiency, if any, of the security deposit made by respondent ..... , respondent no. 1 filed a written statement in reply to the election petition and gave a written notice under the proviso to s. 97(1) of the representation of the people act, 1951 of his intention to give evidence to prove that the election of the appellant would have been void if he had been the returned candidate and if .....
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