Court : Supreme Court of India
Reported in : AIR2005SC4301; JT2005(10)SC196; RLW2005(4)SC2383; 2005(8)SCALE171; (2005)7SCC625; 2005(2)LC1445(SC)
order1. the general elections to the legislative assembly of bihar were held in the month of february 2005. the election commission of india, in pursuance of section 73 of the representation of the people act 1951 in terms of notification dated 4th march, 2005 notified the names of the elected members.2. as no party or coalition of the parties was in a .....
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 : 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 : 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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1577; 2008(3)ALLMR(SC)488; 2008(2)AWC1552(SC); JT2008(3)SC232; 2008(2)KLT47(SC); (2008)4MLJ375(SC); 2008(3)SCALE252; (2008)11SCC740; 2008AIRSCW1743; AIR2008SC1577; 2008(3)KCCR2017
..... the particulars thereof. that affidavit has also been produced before us and the contents of the affidavit read as under :affidavit filed under section 83 of the representation of the people act 1951 read with rule 94a of the conduct of election rules 1961i, umesh challiyill, aged 45 years, s/o ca krishnan, challiyil house, arakulam west ..... the prospectus of the election of the said sri umesh challiyil, namely me and thereby a corrupt practice falling under section 123(4) of the representation of the people act and have been committed and the detailed particulars of such practice mentioned in the aforesaid paragraphs of the same petition are true to my information. ..... petition.9. similarly, in h.d. revanna v. g. puttaswamy gowda and ors. : [1999]1scr198 , it was observed as follows:the provisions in the representation of the people act, 1951 are very specific. section 86 provides for dismissal of an election petition in limine for non-compliance with sections 81, 82 and 117. section 81 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1386; 2004(3)ALT42(SC); 2004(2)AWC1444(SC); (2004)2CALLT32(SC); JT2004(1)SC102; (2004)2MLJ30(SC); 2004(1)SCALE62; (2004)2SCC227
..... assembly general elections.2. the appellant attributed corrupt practices against the first respondent herein purported to be under section 123(3) and section 123(3a) of the representation of the people act, 1951.3. the full particulars of alleged corrupt practices had been set forth in the petition which are as under :(i) 'on 23.4.2001 ..... must conform to the provisions contained in sections 123(3) and 123(3)(a) of the act. it is not in dispute that section 83 of the representation of people act is mandatory in nature. it is imperative that the election petitioner must disclose the source of his information in the election petition fully.10. the allegations of ..... first respondent failed to do.21. it is beyond any cavil that the allegations of corrupt practice must be pleaded strictly in terms of section 83 of the representation of people act and proved beyond all reasonable doubt.22. for the aforementioned reasons, we are of the opinion that the judgment of the high court cannot be faulted. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC425; [1955]2SCR1
..... . the point has been decided by three constitution benches of this court. in hari vishnu v. ahmad ishaque : [1955]1scr1104 , the effect of section 105 of the representation of the people act was not considered, but the court laid down in general terms that the jurisdiction under article 226 having been conferred by the constitution, limitations cannot be placed on ..... the principles of natural justice.' 11. that is exactly the position here. it was urged that that cannot be so in election matters because of section 105 of the representation of the people act of 1951 (act xliii of 1951), a section which was not considered in the earlier case. it runs thus : 'every order of the tribunal made under ..... bose, j.1. the second respondent bhurey lal filed an election petition under section 100 of the representation of the people act against the appellant sangram singh and two others for setting aside sangram singh's election. 2. the proceedings commenced at kotah and after some hearings the tribunal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1889; JT1989(4)SC186; 1989(2)SCALE891; 1989Supp(2)SCC504
..... newspapers containing certain statements which are alleged to amount to a corrupt practice within the meaning of the said term in section 123(1)(a) of the representation of the people act, 1951 (hereinafter referred to as 'the said act'). the main question canvassed before us is whether the statements contained in these aforesaid advertisements amount to ..... having voted or refrained from voting.3. the advertisements very shortly stated, refer to the auspicious gifts made by the government of andhra pradesh to the poor people on the eve of new year and sankranti. in the said advertisements, it is stated that the said government which was formed by the telugu desam party ..... court questioning the election of respondent no. 1 as a member of parliament from srikakulam no. parliamentary constituency in the 8th general election to the house of the people. the points raised in these appeals are common and so are the relevant facts; and, hence, they are being disposed of by this common judgment. we .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1657; 2004(2)SCALE49; (2004)2SCC759
..... shall cause a re-scrutiny of the nomination papers of the aforesaid candidates, namely, shri kamal and shri bachan singh in accordance with the relevant provisions of the constitution, representation of the people act, 1951 and the election symbols (reservation and allotment) order, 1968 and the pronouncements of the hon'ble supreme court, particularly the pronouncement in the case of rakesh ..... 11. the election symbols (reservation and allotment) order, 1968 has been made in exercise of power conferred by article 324 of the constitution read with section 29a of the representation of the people act, 1951 and rules 5 and 10 of the conduct of election rules, 1961 and all other powers enabling it in this behalf by the election commission of india ..... g.p. mathur, j.1. this appeal under section 116a of the representation of the people act, 1951 (hereinafter referred to as 'the act') has been preferred by the returned candidate ram phal kundu against the judgment and order dated 8.5.2003 of high .....
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