Court : Allahabad
Reported in : AIR2004All267; (2004)3UPLBEC2437
..... e.g. the provisions in part iii. the said expression cannot be interpreted to mean that the election authorities can violate the provisions of the representation of the people act on the pretext that they are exercising their right under article 324.22. for the reasons given above, this petition is allowed and the ..... such school, hospital, library or orphanage, shall be requisitioned:17. thus a school cannot be requisitioned at all under the aforesaid acts.18. moreover, the representation of the people act, 1951 is a special law which deals with requisition of premises for election purposes. on the other hand, the requisitioning and acquisition of immovable property act ..... 5-5-2004, the college premises is required from 3rd to 5th may for lodging 1000 employees who will be doing election work.5. section 160 of representation of the people act, 1951 (hereinafter referred to as the act), states:160. requisitioning of premises, vehicles etc., for election purposes.-(1) if it appears to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP243
..... for such withdrawal. the election of the first respondent is challenged on the ground that he resorted to the corrupt practice described in section 123(5) of the representation of the people act, 1951 (hereinafter called the act.) the particulars of the said corrupt practice have been specified in paragraphs 6 to 17 of the peti-tion, which, ..... entire petition including the said annexures. it is urged that as there was non-compliance of section 81(3), the petition should be dismissed under section 86 of the representation of the people act, 1951.4. on the aforesaid objection, a preliminary issue was framed as under on 12-7-1967:'whether due to copies of annexures (a), (2) ..... to the respondents, the petition is liable to be dismissed under section 86(1) of the representation of the people act, 1951?'5. later, on 17-7-1967, the petitioner filed an application under section 86(5) of the representation of the people act read with order 6, rule 17 read with section 151 of the code of civil .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H45
..... exchequer. the respondent, thus held an office of profit. on the other hand his learned counsel referred to the provisions of section 10 of the representation of the people act providing for the disqualification for office under government or company or corporation. a plain reading of the section shows that it is the managing agent, ..... majri block in the constituency of the respondent. this constitutes a corrupt practice, as provided in sub-section (7) of the section 123 of the representation of the people act inasmuch as the respondent obtained the assistance of the prospects of his election.15. on the other hand learned counsel for the respondent contended that ..... this contention the following head note of smt. sahodrabai rai v. ram singh tharwar, air 1968 sc 1079 may be reproduced with advantage :--'under the representation of the people act, details of corrupt practice or averments too compendious for being included in the election petition may be set out in the 'schedules or annexures to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC610; [1955]2SCR428
..... were vague, said as follows : 'the petitioners are prepared to give further particulars if the tribunal is pleased to permit under section 83(3) of the representation of the people act'. 14. this reply was filed on the 16th october, 1952, which is the very date on which the first of the above orders extracted from ..... them to vote for himself at the ensuing election. respondent no. 1 was guilty of bribery within the meaning of that term in section 123 of the representation of the people act. similar instances of giving illegal gratifications for securing votes of respective groups are - (a) donation to hariharpeth akhada; (b) payment to panch-bungalow ..... the other three candidates who, having been validly nominated went to the polls but were defeated. the appellants filed the election petition under section 80 of the representation of the people act, 1951 (act xliii of 1951) (hereinafter referred to as the act) for setting aside the election on various allegations. the petition was filed on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC510; [1955]1SCR481
..... to obtain the required attestation amounts to a technical defect of an unsubstantial character which the returning officer was bound to disregard under section 36(4) of the representation of the people act, 1951 (xliii of 1951). 4. section 33(1) of the act requires each candidate to 'deliver to the returning officer....... a nomination paper completed ..... 'sign' in the general clauses act because that also defines only 'sign' and not 'subscribe,' and also because the 'subject' and 'context' of the representation of the people act show that the writing of a signature and the making of a mark are to be treated differently. 15. the learned counsel for the respondent analysed the ..... his name his 'signature' must be authenticated in 'such manner as may be prescribed.' the prescribed manner is to be found in rule 2(2) of the representation of the people (conduct of elections and election petitions) rules, 1951. it runs as follows : 'for the purposes of the act or these rules, a person who is unable .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC2130; (1977)1SCC567; [1977]1SCR49; 1976(8)LC688(SC)
..... gaps in the election law. in a democracy, the electoral process has a strategic role and in india it has constitutional status although (sic) by the representation of the people act, 1951 (hereinafter called the act). lord holt long ago observed : (quoted in university of pensylvania law review 1968 p. 24 (vol. 117 ..... between him and the government of orissa for execution of certain works. the respondent, it was accordingly asserted, was disqualified under section 9a of the representation of the people act, 1951 (hereinafter referred to as the act) from seeking election. some documents were also produced before the returning officer to show that proceedings ..... the nomination paper filed by the petitioner was in substantial compliance of sections 33 and 34 of the representation of the people act, 1951?3. was the petitioner disqualified under section 9a of the representation of the people act, 1951 having subsisting contract with the government of orissa in course of his trade and business for .....
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 : AIR2010SC133; JT2009(10)SC316; 2009(6)KarLJ422; 2009(11)SCALE432; (2009)8SCC736; 2009(8)LC3856(SC)
..... the statute has been enacted with a specific purpose which must be measured from the wording of the statute strictly construed. the preamble of the representation of the people act makes it clear that for the conduct of elections of the houses of parliament or the legislature of each state, the qualification and dis- ..... after examining the relevant provisions of the act, this court held:.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 ..... the high court upheld the objection of the registry that there was no proper presentation of the election petition in terms of section 81(1) of the representation of the people act, 1951, (hereinafter referred to as 'the act'), consequently dismissed the election petition.2. election to constituency no. 140, bagepalli, karnataka legislative assembly .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC597; 2006(1)AWC678(SC); 2006(2)BomCR566; 125(2005)DLT776(SC); JT2005(10)SC429; 2006(I)OLR(SC)186; (2006)1SCC344
..... this court found that at no stage of the proceedings, the appellant before it took any part in the proceedings. havine regard to section 116c of the representation of the people act 1951, it was held that the person would be entitled to maintain an appeal if the following conditions are satisfied :'(1) that the subject-matter ..... a seat reserved for tribal. article 332 of the constitution speaks of reservation of seats for scheduled tribes in legislative assemblies. the object is clearly to give representation in the legislature to scheduled tribe candidates, considered to be deserving of such special protection. to permit a non-tribal under cover of a marriage to contest ..... was held :'reservation must be considered from the social objective angle, having. regard to the constitutional scheme, and not as a political issue and, thus, adequate representation must be given to the members of the scheduled castes as a group and not to two or more groups of persons or members of castes.the very fact .....
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