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Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 140 repealed Page 23 of about 311 results (0.050 seconds)

Dec 01 1999 (SC)

Election Commission of India and anr. Vs. Dr. Manmohan Singh and ors.

Court : Supreme Court of India

Reported in : AIR2000SC231; JT1999(9)SC367; 1999(7)SCALE287; (2000)1SCC591; [1999]Supp5SCR70

..... declaration which they could not have believed to be true to their own knowledge. such declaration would attract the penal provisions of section 31 of the representation of the people act, 1950.(f) that district election officer of guwahati and the chief electoral officer of the state of assam have clearly gone beyond their jurisdiction ..... rolls, vested in it by virtue of article 324 of the constitution, the powers to issue specific or general directions under section 22 of the representation of the people act, 1950 and all other powers enabling it in this behalf, directs as follows:(a) that the electoral registration officer of 52-dispur assembly constituency ..... consequently, the quashing of the orders dated 1st march and 3rd march, 1994 and notices dated 2nd february and 16th february, 1994.12. section 20 of the representation of the people act, 1950 defines 'ordinarily resident'. sub-sections (4), (5) and (7) thereof are relevant here; they read thus:(4) any person holding any office .....

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Dec 08 2006 (SC)

Virender Nath Gautam Vs. Satpal Singh and ors.

Court : Supreme Court of India

Reported in : AIR2007SC581; 2007(1)ALLMR(SC)450; 2007(2)ALT98(SC); JT2007(1)SC265; 2006(14)SCALE95; (2007)3SCC617

..... proceeded to observe that the defeated candidate did not say that he raised any objection when electoral rolls were prepared or revised under section 21 of the representation of the people act, 1950.the court then stated; the defeated candidate does not say that he was not aware of the entries of the dead persons in the electoral ..... whether the election petition does not disclose any cause of action?6. whether the petition lacks in material facts and particulars, as contemplated under section 83 of the representation of people act?8. whether the petitioner is estopped from claiming recounting of votes?8. the high court then heard the learned counsel for the parties on the above three ..... 8(ii), the appellant alleged that as many as 60 double votes had been cast which was in contravention of the provisions of section 62(4) of the representation of the people act, 1951 (hereinafter referred to as 'the act'). thus, 120 votes had been counted though voters were only 60. it was in violation of the .....

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May 21 1993 (HC)

Chandran M. and Etc. Vs. Election Commission of India, New Delhi and o ...

Court : Kerala

Reported in : AIR1993Ker316

..... not always decisive, where the impugned order has been passed in the exereisc of power under article 324(1) of the constitution and section 153 of the representation of the people act, such an order relating, as it does, to election cannot be questioned except by an election petition under the act. if during the process of election ..... delhi, air 1978 sc 851, wherein it has been held that 'election covers the entire process from the issuance of the notification under section 14 of the representation of the people act to the declaration of the result under section 66 of the act.' applying the above ratio to the facts of the present case, there can be ..... alia that the instani writ petition is not maintainable as the petitioner has got an efficacious alternative remedy by way of election petition under section 80 of the representation of the people act and further, by virtue of the bar created by article 329(b) of the constitution of india the instant petition is not maintainable. the learned .....

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Feb 23 2006 (HC)

Anilbhai Natubhai Patel Vs. Jayrajbhai Jayantibhai Patel and 7 ors.

Court : Gujarat

Reported in : (2006)2GLR1233

..... 101 thereof. in fact where there are specific statutory provisions providing for the forum and remedy for deciding election disputes, the provisions of the representation of the people act may not even apply. however, the gujarat municipalities act and the rules for electing president and vice president of the municipalities do ..... the petitioner that these applications are in the nature of recrimination applications for supporting the elected candidate as contemplated by section 97 of the representation of the people act, 1951. it is, therefore, necessary to decide these applications first.31. having carefully gone through the said applications and having heard ..... have opposed their applications and submitted that these applications are in the nature of recrimination application similar to application under section 97 of the representation of the people act, 1951. it is, however, submitted that admittedly these two applicants were neither arrested by the police nor were they prevented by .....

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Sep 27 1979 (HC)

Ram Niwas Vs. Sardar Singh and anr.

Court : Rajasthan

Reported in : AIR1980Raj49

..... provided the manner of challenging the elction under these rules. this rule 86 is pari materia on substantial features with sections 100 and 101 of the representation of the people act, 1951. in amarsingh v. munsiff magistrate, jodhpur 1967 lw 224, a distinction has been sought to be drawn in parliamentary elections and the ..... allegationthat the returning officer did not permit enough number of counting agents to be appointed is an extremely vague allegation. under section 47 of the representation of the people act, 1951, a contesting candidates or his election agent may appoint in the prescribed manner one or more persons. but not exceeding such number ..... the ballot papers of all or any of the candidates including himself and the returning officer shall thereupon recount the same.11. section 83 of the representation of people act, 1951 provides that an election petition shall contain a concise statement of material facts, on which the petitioner relies. section 97 deals with recrimination .....

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Mar 16 1989 (HC)

Samir Ranjan Barman Vs. Bhanu Lal Saha

Court : Guwahati

..... mere irregularity and not an illegality which is always curable and the provisions contained in chapter viii-a incorporating 'rules' framed by the hon'ble high court under the representation of the people act, 1951' are hot mandatory. hence the contentions of the respondent no. 1 are not correct.' 2. learned counsel 1 mr. a. k. bhowmik for the ..... of chap. viii-a of the gauhati high court rules in presenting the election petition amounts to non-compliance of the provisions of section 81 of the representation of the people act, 1951 in as much as the said special provisions as contained in chap. viii-a of the gauhati high court rules are required to be read ..... the allegation in para 2 reads as :-- 'that the petitioner has failed to comply with the special provisions relating to the procedure in election petition under the representation of the people act, 1951 of thegauhati high court rules as embodied, in chapter viii-a of the said rules in as much as the election petition, at the time of .....

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Mar 07 2002 (HC)

Banendra Kumar Mushahary Vs. Md. Mohibul Haque

Court : Guwahati

..... learned single judge can be designated as the authority for the purpose of presentation. in his opinion, it would be ultra vires of section 81 of the representation of the people act, shri lahiri further argued that article 329(b) of the constitution mandate that appropriate legislature, the parliament in the instant case alone is competent to ..... provisions of article 246(1) show that appropriate legislature within the meaning of article 329(b) of the constitution of india is the union parliament. the representation of the people act, 1951 was enacted by the parliament providing for the manner in which an election petition is to be tried and decided. this act is a ..... stamp reporter is unauthorized, without jurisdiction and is ultra vires article 329(b) of the constitution as well as section 80, 80a and 81 of the representation of the people act, 1951?(2) whether the election petition was presented in person by the election petitioner on 20-6-2001 in accordance with the law or even before .....

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Sep 13 1968 (HC)

Manjuli Vs. Civil Judge, Senior Division, Wardha and ors.

Court : Mumbai

Reported in : AIR1970Bom1; (1969)71BOMLR560; ILR1970Bom353; 1969MhLJ435

..... intention of the legislature as expressed in sub-section (2) of section 10. on the contrary, it appears a wholesome rule adopted from similar provisions of representation of the people act. 1951 which have meowed judicial recognition from the highest tribunal of this land.18. the only other point raised before us was that the election petition ..... the provisions of the bombay village panchayats election rules, 1959, there are several rules which are parallel or in pari materia with the provisions of the representation of the people act, 1951. rule 10 deals with the amount of deposit to be paid at the panchayat election where the nomination form is filled by a woman ..... this argument. we have already indicated above that the election rules framed by the state government are, more or less, borrowed from the provisions of the representation of the people act 1951. it is true that in the substantive provisions of the act beyond a declaration in sub-section (2) of section 10 that in every .....

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Apr 23 1959 (HC)

Narayan Yeshwant Nene Vs. Rajaram Balkrishna Raut and anr.

Court : Mumbai

Reported in : AIR1961Bom21; (1959)61BOMLR1274; ILR1960Bom218

..... ground that rajaram balkrishna raut had been guilty of corrupt practices which had vitiated the election. that application was dismissed by the tribunal constituted under the representation of the people act, 1951. against the order passed by that tribunal, an appeal was preferred to this couer under section 116a of the act. that appeal teas ..... be continued even after the death of the original respondent against a substituted respondent. there can be no doubt therefore, that once a proceeding under the representation of the people act has readied the election commission or the tribunal, those authorities must hear and dispose it of on its merits,4. this court was requested by ..... such, power is expressly conferred. the legislature has not only not conferred a power of review upon this court to review decisions in appeal under the representation of the people act, but has declared the order final and conclusive.7. on that view of the case, in our judgment,the application filed by jagannath bhau .....

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Apr 09 1996 (HC)

Vejhurani Thakurdas Jhamandas Vs. Sabir Shaikh

Court : Mumbai

Reported in : AIR1996Bom356; 1996(4)BomCR19; (1996)98BOMLR467; 1996(2)MhLj291

..... polling officers and attendants which were the corrupt practices under section 100(1)(b) and as per definition of sections 123(5) and 123(1) respectively, of representation of the people act, 1951.' '15. that the petitioner had specifically pointed out the presiding officer of booth no. 318 of 56, ambernath assembly constituency that the persons sitting ..... shiv bhakt, being a muslim and thus committed the corrupt practice under section 100(1)(b) and as per the definition of section 123(3) of representation of the people act, 1951.'we have already seen that a petition, which merely cites the sections, cannot be said to disclose a cause of action unless a concise ..... the petition are vague and they are frivolous and vexatious. it is also contended that the petitioner has not complied with the mandate of section 83 of the representation of the people act, 1951 ('the act', for short). the respondent prays that the allegations of corrupt practices inparagraphs 4 to 15 should be struck off under o. .....

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