Court : Supreme Court of India
Reported in : AIR1968SC1179; [1968]2SCR778
..... nand signature of proposer.16. decision of returning officer accepting or rejecting the nomination paper. 17. i have examined this nomination paper in accordance with section 36 of the representation of the people act, 1951, and decided as follows :- rejected. . . . . .'18. in the first nomination paper, the proposer was one anant ram. it was mentioned ..... is whether the grounds on which the returning officer rejected the nomination papers of the respondent were substantial grounds as contemplated by s. 36 of the representation of the people act, 1951. 19. before we deal with that question, it is necessary to set out few more facts. according to the appellant the respondent was ..... improperly rejected. such a rejection was impermissible under s. 36 and the same is a ground for setting aside the election under s. 100 of the representation of the people act. 21. for the reasons mentioned above, we dismiss this appeal but in the circumstances of the case, we direct that the parties shall bear .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1366; 1964MHLJ233(SC); [1964]5SCR12
..... question to be considered is whether the publication of the leaflets amounts to commission of a corrupt practice within the terms of s. 123(4) of the representation of the people act, 1951. section 123 sets out what the diverse corrupt practices recognised by the act are. clause (4) defines a corrupt practice by publication of ..... annexures 'd' & 'e'. 3. the petition was referred for trial by the election commission to the election tribunal, ratlam, under s. 86 of the representation of the people act. mohan singh by his written statement denied that he had published the leaflets and submitted that the leaflets which appeared to have been published by the electorate contained ..... largest number of votes at the election, and he was declared elected. 2. bhanwarlal applied under s. 80 read with sections 100 and 101 of the representation of the people act (43 of 1951), to the election commission of india for an order declaring the election of mohan singh void, and mohan singh disqualified because of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC480; (1974)2SCC133; [1974]3SCR31
..... governed by section 29(2) of the limitation act. in our opinion however the limitation act cannot apply to preceding 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 indian ..... the decision in vidyacharan shukla's case this court held that section 4 and 12 of the limitation act would apply, because 'there is no provision in the representation of the people act, 1951, which excludes the application of section 4 of the limitation act.'17. in lala rani's case : 1970crilj1014 to which a reference has been made ..... petition, however, was dismissed by the high court as being time-barred. against that judgment and order this appeal has been filed under section 116-a of the representation of the people act, 1951 (hereinafter referred to as 'the act').2. it may be mentioned that section 80-a was added to the act by the amendment act 47 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1886; (1976)3SCC646; [1976]3SCR808
..... the interests of saklecha cannot be in doubt. apart from this the proprietor was prosecuted for printing its pamphlet for contravention of the provisions of section 127a of the representation of the people act, and he was convicted on his plea and sentenced to pay a fine of rs. 50. we are, therefore, satisfied that the pamphlet was printed in the shriram ..... the election of the appellant was challenged by an elector mannalal by an election petition filed on april 24, 1972, alleging corrupt practices under section 123(4) of the representation of the people act (briefly the act) which reads as follows:123. the following shall be deemed to be corrupt practices for the purposes of this act:x x x x x ..... p.k. goswami, j.1. this is an appeal under section 116a of the representation of the people act, 1951, against the judgment of the high court of madhya pradesh in an election petition filed by an elector named mannalal (respondent no. 1 in this appeal), hereinafter to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1723; 1999(3)ALLMR(SC)643; JT1999(3)SC242; 1999(3)SCALE12; (1999)4SCC526; [1999]2SCR857; 1999(2)LC1064(SC)
..... assembly in tamil nadu as he did not possess the basic qualifications prescribed in clause (c) of article 173 of the constitution read with section 5 of representation of the people act, 1951 (for short 'the act'). the division bench held that the appellant was not an elector for lalgudi assembly constituency and, therefore, did ..... electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950 (43 of 1950). article 173 provides for qualifications for membership of the state legislature. it is as under:173. qualification for membership of ..... stand as a candidate for election and the entire procedure in relation thereto are created and determined by statute. accordingly, when section 66 of the representation of the people act, 1951 provides that the result of the election shall be declared in the manner provided by the act or the rules made thereunder. the declaration .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1177; 1981(1)SCALE655; (1981)3SCC260; 1981(13)LC272(SC)
..... the other candidates who had also contested the said election and had been defeated. in the said election petition filed by venkatarayappa under section 81 of representation of the people act, 1951 (hereinafter referred to as the act), the petitioner had prayed for a declaration that the election of munishamappa was void under section 9a ..... election of munishamappa on the only ground on which the validity of the said election was challenged was that munishamappa was disqualified under section 9a of the representation of people act, 1951, as he had a subsisting contract with the government on the date of filing his nomination. after the pleadings had been completed, issues ..... light of the provisions of law relating to contract and the interpretation cannot, be any different while considering the provisions contained in section 9a of the representation of people act, 1950.18. as on a proper consideration of the materials on record, we are of the opinion that there was no subsisting contract on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC785; (1976)2SCC928; [1976]1SCR416; 1975(7)LC749(SC)
..... regular and correct account of expenses incurred by them in connection with the election and that they incurred or authorised expenditure in contravention of section 77 of the representation of the people act, 1951. as regards the first ground, it was stated that the respondent and his election agent got published news item ex. 1 in 'kroach ..... them in connection with the election of the respondent 5. have the respondent and his election agent incurred or authorised expenditure in contravention of section 77 of the representation of the people act, 1951, as alleged in the election petition ?issues (1) and (2) were decided against the appellant. in view of the findings on issue ..... the respondent in that respect is that he was charged rs. 35 as daily hiring charge because he prevented the requisitioning of those trucks by making a representation that they were needed for his election campaign. evidence was also produced in support of the above stand of the respondent. the high court found the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)ALLMR(SC)136; 2004(2)ALT53(SC); 2003(3)BLJR2337; [2004(1)JCR192(SC)]; JT2003(8)SC460; (2004)1MLJ119(SC); 2003(9)SCALE74; (2003)8SCC613
..... , 2001. february 3, 2001 was the date for withdrawal of nomination, if any. the nomination paper filed by the appellant was rejected by reference to section 8 of the representation of the people act, 1951 (hereinafter 'the act', for short) for failure of the appellant to furnish certain information in a prescribed proforma supported by an affidavit, stating as to whether the ..... proviso as under:'.......... the new proviso to sub-section (4) is comprehensive in nature and it is on the lines of sub-section (5) of section 39 of the representation of the people act, 1951. this has been done to remove all possible doubts about the power of the returning officer to correct any misnomer or inaccurate description in regard to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1113; JT1995(8)SC609; 1995(7)SCALE1; (1996)1SCC130; [1995]Supp6SCR371
j.s. verma, j.1. both these appeals are under section 116a of the representation of the people act, 1951 (hereinafter referred to as 'the act/r. p. act') against the judgment dated 7th april, 1989 of the bombay high court in election petition ..... the differences of religion, race, caste, community, culture, read and language. our political history made it particularly necessary that these differences, which can generate powerful emotions depriving people of their powers of rational thought and action, should not be permitted to be exploited lest the imperative conditions for the preservation of democratic freedoms are disturbed. (para 11 ..... to dr. radhakrishnan, had originally a territorial and not a credal significance. it implied residence in a well-defined geographical area. aboriginal tribes, savage and half-civilized people, the cultured dravidians and the vedic aryans were all hindus as they were the sons of the same mother. the hindu thinkers reckoned with the striking fact that the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2001(1)SC382; (2001)2MLJ102(SC); 2001(1)SCALE63; (2001)2SCC247; [2001]1SCR95
..... court, in the circumstances, taking into account the implications arising under article 329(b) of the constitution of india read with section 80 of the representation of the people act, 1951, relating to election petitions prescribing the manner for presentation of the election petition by necessary implication stand clothed with such a statutory character which ..... b) written in the english language, numbering separately the paragraph thereof;(c) couched in proper language, and in conformity with section 81 82 and 83 of the representation of the people act, 1951.'article 329(b) lays down:'329. bar to interference by courts in electoral matters --(a) .. .. ..(b) no election to either house ..... election petition for non-compliance with the high court rules, in prabhu narain's case this court held:'further more according to section 86 of the representation of people act only petition which do not comply with the provision of section 81 or 82 or 117 are liable to be dismissed. we, therefore, over .....
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