Court : Mumbai
Reported in : AIR1958Bom397; (1958)60BOMLR353; ILR1958Bom732
..... . but, in our view, what has been stated in that case with regard to election, may well apply to an election contemplated under the representation of the people act, 1951.9. the principal question which arises for decision is as regards the proper construction of the i expression 'all the contesting candidates' ..... according to the second respondent, materially affected the result of the election. further, he complained of non-compliance with the provisions of the constitution, the representation of the people act, 1951, and the rules and the orders made thereunder. the second respondent', therefore, claimed a declaration that the said election of the petitioner ..... withdrew his candidature before the date fixed for withdrawal and then the returning officer published a list of contesting candidates under section 38 of the representation of the people act. there is ho dispute that that list included the names of the petitioner, the second respondent and two other candidates viz., mahomed .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All264
..... agent of the appellant committed any corrupt practice, the appellant would be responsible for it and the case would come under section 100(1)(b) of the representation of the people act, quite irrespective of the fact whether the appellant had consented to the commission of the corrupt practice by the agent or not.it was further contended ..... this poster has not been challenged before us.68. issue no. 15. '(15) (a) did the respondent maintain accounts as required under s, 77 of the representation of the people act, and is the return filed a correct copy of the same? if so, its effect?(b) whether the respondent himself through his agents and workers incurred unauthorised ..... those parchas themselves are not forthcoming. on these facts the tribunal has held that the appellant did not maintain accounts as required under s, 77 of the representation of the people act and the return filed by him, therefore, cannot be said to be a correct copy of the accounts maintained.a reading of sub-section (1) of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H1
..... d) (iii) and (iv) it would be necessary to harmonise the provisions of this section with those of section 30. it seems that when by the representation of the people (amendment) act, 1966, high court was given the jurisdiction under section 100, the consequential amendment was by inadvertence not made in section 30 so as to exclude ..... provisions of the u. p. town areas act, 1914, and other u. p. statutes and the rules made thereunder as well as the provisions of the representation of the people act. 1951, which have been reproduced in the judgment. the statute provided that the impugned election was on the basis of adult suffirage and on the basis ..... the state (but not the delimitation of the constituencies). in pursuance of the powers conferred by articles 326 and 327 of the constitution, the parliament promulgated the representation of the people act no. 43 of 1950 (hereinafter referred to as the 1950 act), which, as the long title would indicate, makes provision for the allocation of seats .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC561; 2007(2)ALLMR(SC)942
..... multi-member constituencies.20. it may also be appropriate to refer to sub-section (3) of section 4 and sub-section (2) of section 7 of the representation of the people act, 1950 as amended in 1975 and 1980. sub-section (3) of section 4 states that 'every parliamentary constituency shall be a single- member constituency. likewise ..... thakker, j.1. appeals admitted.2. all the above three appeals raise an interesting and important question of law as to interpretation of section 81 of the representation of the people act, 1951 (hereinafter referred to as 'the act').3. in all these appeals, facts are more or less similar. the election commission of india issued a ..... also referred to the relevant provisions of the act as they originally stood in 1951 and the amended provisions after the representation of the people (second amendment) act, 1956 (act 27 of 1956) and the representation of the people (amendment) act, 1961 (act 14 of 1961). section 81 of the act as it originally stood prior to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC391; JT1995(5)SC313; 1995(4)SCALE424; (1995)5SCC123; [1995]Supp2SCR148
..... also with a view to promote religious hatred between different class of citizens and thus committed corrupt practices under section 123(2), (3), (3a) of the representation people act?', in the affirmative. the learned judge by the impugned judgment held that in view of such corrupt practice, the election of dr. deshmukh was liable to ..... on the ground of corrupt practice indulged by the appellant dr. das rao deshmukh under section 123(3) and 123(3a) of the representation of people act, 1951 (hereinafter referred to as the representation act). the high court, by the impugned judgment, also awarded a cost of rs. 10,000 against the appellant and in favour ..... to widen the scope of corrupt practice mentioned in clause 3 of section 123 of the representation of people act. mr. kotwal has submitted that in various decisions dealing with the scope and ambit of corrupt practice under the representation act, this court has observed that the paramount and basic purpose underlying section 123(3) of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC103; 1985(2)SCALE678; (1985)4SCC722; [1985]Supp3SCR225
..... direction which we can give to the election commission is to carry out revision of the electoral rolls in accordance with the procedure prescribed in the representation of people act, 1950 and the electors registration rules, 1960. but since the election commission has stated before us that it will carry out revision of ..... shri ganesan`, secretary to the election commission and shri ashok kumar arora, additional chief electoral officer, assam, clearly show that the procedure prescribed by the representation of the people act, 1950, for revision of the electoral rolls was followed. the press note dated september 18, 1979, on which considerable reliance was placed on behalf ..... or constituencies on the ground that the electoral rolls were defective. that is not a ground available for challenging an election under section 100 of representation of people act, 1951. the finality of the electoral rolls cannot be assailed in proceeding challenging the validity of an election held on the basis of such .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3000; 2000(3)BLJR2012; JT2000(9)SC486; 2000(6)SCALE135; [2000]Supp2SCR668; 2001(1)LC78(SC)
..... so far as the disqualifications attaching to such persons are concerned. chaturvedi, j. noticed the well-settled practice in england having been adopted in the representation of the people act and held that an entry in the electoral roll has to be taken to be conclusive proof of the fact that the person fulfils the requisite ..... the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house of houses.10. the representation of the people act, 1951 was enacted to provide for the conduct of elections to the houses of parliament and to the house of houses of the legislature of each ..... in the succeeding paragraph.3. on 22-10-1986 the chief electoral officer, bihar in exercise of the powers conferred by section 27(3)(b) of the representation of the people act, 1950 (hereinafter the 1950 act, for short) issued a notification no. 1248 publishing a list of educational institutions of the state which shall be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP357; 1997(2)ALD(Cri)174
..... be said to be in any manner near to or in the process of election. a reading of the provisions in section 136 and other provisions in the representation of people act declaring certain acts or omissions punishable leave no manner of doubt that acts or omissions which directly affect the election and which are unauthorised by law or ..... by the learned additional advocate general and which for the reason of possession of hallo! paper krishna mohan can he suspected to have committed is under section 136 of the representation of people act. 1951. section 136 of the act. 1951 in the relevant parts reads as follows : 'sec. 136(1) a person shall be guilty of an electoral ..... in crime no. 19 of 1997 for the alleged offences under sections 379, 505 and 411 of the indian penal code and sections 135 and 136 of the representation of the people act. 1951.2. facts not in dispute arc as follows : the election commission of india notified the elections to three assembly constituencies in the state of andhra .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP185
..... of the states including the preparation of electoral rolls, the delimitation of constituencies and an other matters. pursuant to this, the parliament has enacted the representation of the people act. an elaborate borate scheme is devised in this statute for the conduct of elections and for calling in question elections.10. section 80, ..... civil proceeding'?7. before we consider further the general question as to what a civil proceeding is, we shall turn to section 116a of the representation of the people act, which has conferred a right of appeal against the decision of an election tribunal, to see whether such an appeal possesses all the attributes ..... was challenged before the election tribunal, rajanmundry, by the petitioner on the ground that the respondent had incurred the disqualification under section 7(d) the representation of the people act. hisabjection prevailed with the election tribunal with the result that the election was set aside. on appeal by the aggrieved respondent, two of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP111
..... (i). in that case the question was whether there was an improper rejection of the nomination within the meaning of section 100 (1) (c) of the representation of people act.their lordships of the supreme court came to the conclusion that the rejection was improper and that it, therefore, rendered the entire election void. that decision has ..... reddy, had a subsisting p.w.d: contract with the state government and as such he was disqualified under section 7, clause (d) of the representation of the people act. 5. sri narasimha reddy and sri mutyal rao who were impleaded as respondents, filed their written statements denying the allegations in the petition and the ..... the general seat.3. thereupon, sri bhoomaji, the 1st respondent in both the appeals, filed an election petition under ss. 80 and 81 of the representation of the people act challenging the validity of the election and praying for a declaration that the election of the two returned candidates be declared void.4. the main allegations .....
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