Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 146c protection of action taken in good faith Court: kerala Page 1 of about 17 results (0.159 seconds)

Chandran M. and Etc. Vs. Election Commission of India, New Delhi and o ...

Court : Kerala

Reported in : AIR1993Ker316

..... not always decisive, where the impugned order has been passed in the exereisc of power under article 324(1) of the constitution and section 153 of the representation of the people act, such an order relating, as it does, to election cannot be questioned except by an election petition under the act. if during the process of election ..... delhi, air 1978 sc 851, wherein it has been held that 'election covers the entire process from the issuance of the notification under section 14 of the representation of the people act to the declaration of the result under section 66 of the act.' applying the above ratio to the facts of the present case, there can be ..... alia that the instani writ petition is not maintainable as the petitioner has got an efficacious alternative remedy by way of election petition under section 80 of the representation of the people act and further, by virtue of the bar created by article 329(b) of the constitution of india the instant petition is not maintainable. the learned .....

P. Kunhiraman Vs. V.R. Krishna Iyer

Court : Kerala

Reported in : AIR1962Ker190

..... this connection, mr. kalathil velayudhan nair, learned counsel for the appellant urged that the provisions regarding the preparation of electoral roll were contained in the representation of the people act, 1950 -- act 48/1950 and the relevant rules framed under the said act. section 100 of the 1951 statute, as it originally stood ..... to the parliament and undercertain circumstances, to the state legislaturesalso. in accordance with the powers conferredon parliament under article 327 the two statutesnamely, the representation of the people act,1950 and the act of 1951 have been passed byparliament.the various provisions contained in particular in the 1950 statute as also the rules ..... 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. clause (k) defines 'tribunal'' as a tribunal appointed by the election communion under section 86.51. part ii deals with qualifications .....

Pottekkat Krishnan Sukumaran Vs. Kunjuvareed Josheph Mundasseri

Court : Kerala

Reported in : AIR1959Ker120

..... , ernakulam, by its order dated the 11th november, 1957. it is the correctness of that order that is challenged by this appeal under section 116a of the representation of the people act, 1951.2. there were three contesting candidates, the petitioner (congress), the respondent (communist) and one govindankutty nair (p. s. p.) who has not ..... 117, and the said contention derived support from the fact that the word used was 'may' and not 'shall' in the corresponding provision in the representation of the people act, 1951, as it stood before the amendments effected by act 27 of 1956 'notwithstanding anything contained in section 85, the tribunal may dismiss an election ..... challenged by counsel for the appellant who took us through the entire evidence bearing on the subject.15. pandit and mathur analyse section 123(4) ot the representation of the people act, 1951, in their law of elections and election petitions in india (second edition, page 310) as follows :'in the definition under section 123(4 .....

Dr. K.K. Mohamad Koya Vs. P.M. Sayeed

Court : Kerala

Reported in : AIR1977Ker160

..... respondent urged an alternative contention having a bearing on the question of limitation. according to the respondent there was non-compliance with section 81(3) of the representation of the people act 1951. according to section 81(3) of the act every election petition shall be accompanied by as many copies as there are respondents mentioned in the ..... with the procedure regarding the trial of election petitions. rule 207 may be read in this context: 'definitions.-- in this chapter, (1) 'the act' shall mean the representation of the people act, 1951, and (2) 'the judge' shall mean the judge of the court who has been assigned by the chief justice under sub-section (2) of section ..... are two-fold. in the first place it is argued that the relevant petition was filed beyond the period prescribed in section 81(1) of the representation of the people act. according to that provision the petition has to be presented within 45 days from, but not earlier than the date of the election of the respondent .....

Abraham Kuriakose Vs. P.T. Thomas

Court : Kerala

Reported in : AIR1992Ker19

..... the same as they were instructed. the above acts of the respondent amounts to a corrupt practice, within the meaning of section 123(1) of the representation of the people act, 1951. the election of the respondent is liable to be declared void and set aside'. from the above averments, it can safely be seen that ..... distribution of free rice and prayer-meeting was held on 30-5-1991. the action of the respondent clearly falls within section 123(1) of the representation of the people act, 1951. the election of the respondent from no. 82 thodupuzha is liable to be declared void. d. since the respondent could not distribute the ..... election from no. 82, thodupuzha assembly constituency. the distribution of rice after the prayer meeting, according to the petitioner, constituted corrupt practice as contemplated by the representation of the people act, 1951, hereinafter referred to as 'the act'. on this basis, he has filed this election petition invoking the provisions contained in section 80, 81, 83 .....

Kerala Vyapari Vavasayi Ekopana Samithi, Ottappalam and anr. Vs. State ...

Court : Kerala

Reported in : AIR2000Ker389

..... the scope of jurisdiction of the court under article 226 of the constitution of india even in matters relating to election and covered by the representation of the people act, 1951. it is therefore futile for the respondents to contend that exercising jurisdiction under article 226 of the constitution of india, this court ..... and democracy and would uphold the soveriegnty, unity and integrity of india. this was sufficient compliance with the requirement of the relevant provision in the representation of the people act. the party was in the forefront of safeguarding the fundamental rights of the citizens of the country embodied in part iii of the constitution ..... by any of the registered political parties or associations. nothing is stated by the election commisison regarding its power under section 29a of the representation of the people act or its obligation to ensure that the party which has made a declaration of allegiance to the constitution as a condition precedent for registration .....

Sivan Pillai Vs. B.C. Jose

Court : Kerala

Reported in : AIR1986Ker153

..... election process must, therefore, remain pure and unsullied and it has been the endeavour of our law makers to secure this by making various provisions in the representation of the people act, 1951. section 123, sub-section (1)(a) is one such provision. it must, therefore, doubtless be construed so as to suppress the mischief ..... deposit got the deposit returned, and that will not affect the nomination of the contesting candidates whose list has been published under section 38 of the representation of the people act, 1951.17. the learned counsel for the petitioner argues that the continuance of the deposit is necessary for valid candidature. counsel for the ..... kerala legislative assembly from no. 70 parur constituency. he has filed this petition under sections 80, 80a, 81, 82, 83, 84 and 100 of the representation of the people act, 1951, for brevity, 'the act'.2. the petition reveals the following facts. the petitioner, the respondent and four others were contesting candidates in the .....

K.K. Somanathan Vs. K.K. Ramachandran Master and ors.

Court : Kerala

Reported in : AIR1988Ker259

..... given in the petition to the instructions given by the election commission in the handbook indicates that the petitioner has gone under the wrong impression that independent of the representation of the people act and rules, violation of those instructions are grounds for setting aside an election. such instructions cannot override the provisions of the act and rules and they cannot enlarge ..... section 123(1)(a) or section 123(2) the ingredients are not attracted. if a minister or an influential politician redresses the grievances of a class of the public or people of a locality or renders them any help or does some developmental activity in the constituency on the eve of the election, it is not a corrupt practice unless there .....

K.Surendran Vs. Election Commission of India

Court : Kerala

..... to present impersonation of electors and facilitate their identification at the time of poll and eliminate bogus entries from the electoral roll and the provisions of representation of people act and rules like the registration of electors rules, 1960, the conduct of election rules, 1960 and the orders issued by the election commission ..... c specifically stipulates that any unauthorised distribution/possession of photo voter slips (election material) shall be considered as violation of the relevant provisions of the representation of people act, 1951 and the indian penal code and is punishable with imprisonment or fine or both and that instructions to that effect may be printed on ..... india or whether the challenge can successfully attract any of the provisions in section 100, more particularly, section 100(1)(d)(iv) of the representation of people act etc. could be examined in election petitions that are instituted strictly in terms of the provisions of the said act. section 116a provides for .....

Abdul Majeed (Meera Sahib) Vs. Bhargavan (Krishnan) Member, Legislativ ...

Court : Kerala

Reported in : AIR1963Ker18

..... the first respondent or the respondent for short, the returned candidate, to be void. the electoral roll was compiled under the provisions of the representation of the people act, 1950 andthe representation of the people (preparation of electoral rolls) rules, 1956, which may be referred to hereatter as the 1950 act and tha rules respectively, the qualifying date ..... being january 1, 1959. the election and the trial of the election petition were held under the provisions of the representation of the people act, 1951 as amended in the year 1958, which may be referred to as the act. the respondent was declared elected by a majority of 122 ..... therefore clear that generalevidence of a likelihood, such as has been tendered in this case, is not decisive of the matter under section 100 of the representation of the people act. what the party whowishes to get an election declared void has to establish is that the result of the poll had in fact been materially .....