Court : Andhra Pradesh
Reported in : AIR1995AP212; 1995(1)ALT121
..... is provided to man the election process. article 324 makes provision for a centralised electoral machinery. necessary legislation have been enacted in the nature of representation of the people act, 1950 and 1951. once the entire election process has been brought under the purview and control of the election commission, an authority constituted under ..... 324(1) the election comission cannot do something impinging upon the power of the president in making the notification under section 14 of the representation of the people act. but after the notification has been issued by the president, the entire electoral process is in the charge of the election commission and ..... to arbitrary exercise of power attributable to mala fides 13. the election process for state assemblies as well as parliamentary constituencies is contemplated under the representation of the people act, 1950 and 1951 (for short 'the act). the election process for the respective state assemblies is set in motion by the issuance of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP530
..... practices to establish the commission of such practices, beyond a reasonable doubt since, allegations as to corrupt practices within the contemplation of section 123 of the representation of the people act are of a quasi-criminal character, very strict proof is necessary to bring home the charge as in a criminal case.52. this principle finds ..... samithi of manopad with the object of influencing those voters all of which constitute corrupt practices within the terms of section 123(1)(b) of the representation of the people act and that he arranged meetings of his election campaign at several places some of which were addressed by the then chief minister, within twenty four ..... respondent, who secured 20,548 valid votes, the margin between the two being only 167.3. the respondent presented a petition under section 81 of the representation of the people act, 1951 challenging lie validity of this election and for a declaration that he was duly elected inter alia on the ground that the appellant got a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP56
..... roll was final and conclusive and would preclude any such equity. repelling that contention, their lordships referred to section 36 (7) of the representation of the people act, 1951 and observed:'the use of the adjective 'conclusive' which qualifies 'evidence is technically inappropriate because the presumption arising from the production ..... two constitutional requirements are not satisfied a person has no right to be registered as a voter. in order to implement these constitutional requirements the representation of the people act, 1950 also lays down in section 19 the condition of registration in the following terms:'subject to the foregoing provision of this part, ..... expired.'thus, while s. 19 provides for disqualifiations of candidates, section 14(1) adopts the electoral roll for the assembly constituency, published under the representation of the people act, 1950, as the draft of the electoral roll, for the gram panchayat and that such draft shall be published in the manner prescribed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALT95
..... politician and was a member of the legislative assembly for one period. he was contemplating to contest in the elections again and for that purpose filed a representation seeking declaration that the disqualification attached to the conviction has ceased in view of the remission g.o., but that was rejected reckoning time of 6 years ..... petitioner by judgment dated 14-8-1991 and again the petitioner was arrested on 12-12-1991. ever since 4-6-1992 the petitioner had been making representations that in view of the remissions he was entitled to be released; but, it was rejected by the government, which prompted the petitioner to file writ ..... was issued. remission is by virtue of a constitutional provision, while the representation of the people act operates in an entirely different field with regard to representatives to be chosen by the people and the process thereof. section 8(3) of the representation of the people act, which is relevant for the purpose of adjudication of this case, reads .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP96
..... to form associations, in the interests of nation's sovereignty and intergrity.11. the legal effect of s. 123(3) of the representation of the people act, (3) of the representation of the people act, 1951 is to forbid a candidate at an election to canvass electoral support on the basis of language. the legal effect of ..... name per se constitutes a violation of the spirit of the 16th constitutional amendment and the consequential amendments brought about in the penal code and the representation of the people act should therefore, be rejected.10. the 16th constitutional amendment act 1963 seeking to preserve, promote and maintain theintegrity and sovereignty of the nation ..... field recognised by the election commission as political parties with election symbols allotted to them sri. ramarao denied the relevancy of section 123 of the representation of the people act, or section 153-a of the penal code or the 16th constitutional amendment to the decision in this case sri ramarao finally stated that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(3)ALT525
..... legislature of any state, vests in the election commission of india as provided by article 324 of the constitution. under the representation of people act, 1950, as also the representation of people act, 1951, the principles enshrined in the constitution with regard to elections to parliament and state assemblies have not been departed ..... contention raised by the learned counsel for the appellant, a look at the constitutional provisions as also the provisions contained in the representation of the people act, 1950 and representation of the people act, 1951, including the rules made thereunder, is necessary.7. article 79 of the constitution provides that there shall be ..... thereof. once a notification is issued, it becomes the duty of the registration officer to issue to every elector an identity card.15. representation of the people act, 1951 has been enacted to provide for the conduct of elections to parliament and the state assemblies, the qualifications and disqualifications for membership .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALT382
..... till the petitioner is given the status of a recognised political party in accordance with the provisions of the symbol orders, 1968 and under section 29-a of the representation of the people act, 1951 and rules 5 and 10 of the conduct of elections rules, 1961. the election commission is required to reconsider whether the case on hand is ..... be effaced.'15. the election commission of india in exercise of the powers under article 324 of the constitution of india read with section 29-a 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 made of symbols order, 1968 ..... a state party and the commission vide its order dated 21-8-2001 has registered the telangana rashtra samithi as a political party under section 29-a of the representation of the people act, 1951.4. it is further stated that in the elections conducted to the local bodies in the state of andhra pradesh in august, 2001, the petitioner .....
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 : 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 .....
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 .....
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