Court : Kolkata
Reported in : AIR1960Cal92
..... void. the respective appellants are sri brojo gopal das, and sri nirmal chandra das, two or the persons who were substituted under section 116 of the representation of the people act, 1951, in place of the original contesting respondent before the tribunal, namely, sri biren roy, who was the successful candidate at the above election, ..... moreshwar parashram, : [1954]1scr817 , until such payment was made, the contracts must be held to have been subsisting for purposes of section 7(d) of the representation of the people act, 1951. the answer to this question also must, therefore, be in the affirmative, as correctly given by the tribunal. on this part of the case, ..... on behalf of the petitioners by sri ashoke krishna dutt. the statute requires authority in writing for such presentation (vide section 81(2)(ii) of the representation of the people act, 1951) and there is no such direct authority on the present record. accordingly, the point is taken that the petition was not duly presented. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal218,66CWN917
..... high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.' section 80 of the representation of the people act, 1951, expressly provides that no election shall be called in questionexcept by an election petition presented in accordance with the provisions of this ..... the petition should be dismissed as against him ......... withcosts, the tribunal does not see any substance in this grievance. section 82 of the representation of the people act, 1951, provides that the petitioner shall join as respondents to his petition all the candidates who were duly nominated at the election. it ..... illegally, improperly and in sheer negligence rejected one valid ballot paper. it was also alleged that the returning officer contravened rule 116 of the representation of the people (conduct of election and election petitions) rules, 1956. it was further alleged that the returning officer failed to regulate admittance of persons .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal69
..... 'any other application for which no period of limitation is provided elsewhere in this division' can be said to be the article for applications under the representation of the people act, 1951. according to this article the period is three years. but the special law with which we are concerned, for obvious reasons, prescribes that ..... instituted, appeal preferred and application made after the prescribed period shall be dismissed by the court. there is the same provision in section 86 of the representation of the people act, 1951. but in spite of the general law the other provisions of the limitation act, specially those mentioned in section 29(2) are applicable ..... application within such period.'12. learned counsel for the respondentno. 1 contends that the limitation act has noapplication to any of the provisions of the representation of the people act, 1951. relianceis placed on section 86 of the act which says:'the high court shall dismiss an election petition which does not comply with .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal98,56CWN113
..... the indian parliament, pursuant to the power vested in it to make laws with regard to the election matters, has enacted the representation of the people act, 1950 and the representation of the people act, 1951.13. the preamble of the act of 1951 states that the act provides inter alia, for conduct of elections and ..... of india (provincial elections) (corrupt practices and election petitions). order, 1936). the clear object of the provisions in the constitution and the provisions in the representation of the people act, 1951, is to place the matter of decision of doubts and disputes about election matters within the exclusive jurisdiction of the election tribunals. as atricle ..... leads to nowhere, and is not of assistance to the petitioner.37. the learned advocate general has also placed reliance on s. 170 of the representation of the people act, 1951, and has contended that the jurisdiction of the courts of civil jurisdiction, to entertain petitions questioning the legality of the decision of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal267
..... election to the bombay legislative council. the bombay high court considered, inter alia, the provisions of section 100(1)(d)(iv) of the representation of the people act, 1951, as they now stand and compared the same to the corresponding provisions prior to the 1956 amendment. the bombay high court ..... ray relied on the relevant statements of objects and reasons placed before parliament at the time of consideration of the bill which ultimately resulted in the representation of the people (second amendment) act, 1956 (27 of 1956). in these statements it has been observed, inter alia, that the select committee feel that ..... cannot go behind it.20. mr. siddhartha sankar ray, learned counsel for the petitioner placed before me the relevant provisions of section 100(2)(c) of the representation of the people act, 1951 as it stood prior to the amendments of 1956. the original provisions were as follows:--'100 (2) .............................................. if the tribunalis of opinion- ..... ..... .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal289
..... their respective photographs attached thereto;' 2. rules have been framed in exercise of powers given under section 28 of act, 43 of 1950 known as the representation of the people (preparation of electoral rolls) rules 1956. the relevant rule is rule 27-a, the operative part whereof runs as follows ;'27-a. identity cards for ..... aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him, if under rules made in that behalf under the representation of the people act, 1950 (43 of 1950), electors of the constituency in which the polliing station is situated have been supplied with identity cards, with or without ..... law made by the appropriate legislature. pursuant to the power given under article 327, two statutes have been enacted by parliament, the first of which is the representation of people act, 1950 (being central act, 43 of 1950). this act deals with the question of delimitation of constituencies, qualification of voters, preparation of electoral rolls .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal632,56CWN711
..... gupta's contentions. the short answer to mr. gupta's contentions seems to me to be that the said acts, namely, the representation of the people act 1950 and the representation of the people act, 1951 do not at all deal with the question of powers, privileges and immunities of the parliament or of its members. ..... article 105. the makers of our constitution therefore drew a sharp distinction between the qualifications and disqualifications of members and their privileges and immunities. the representation of the people acts merely deal with the qualifications and disqualifications of members. they do not purport to deal with the privileges and immunities of members. the ..... given to the provisions relating to qualifications and disqualifications of members of either house of a legislature. he has urged that the provisions of the representation of the people act are expressly made under the constitution and therefore an exception to articles 21 and 22 must be allowed.25. the various articles of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal184,1973CriLJ253
..... that the twenty seven candidates who had given plough as their symbols be exclusively allotted the same. when the notifications under sections 15 and 30 of representation of the people act, 1951 have been already issued the recognition of a political party for the purposes of election symbols order 1968 would be a matter relating to ..... providing for the entire ground work for enacting appropriate laws and setting up suitable machinery for the conduct of elections. it was pointed out that the representation of the people act 1951 which was passed hy the parliament under an. 327 of the constitution is also a self-contained enactment so far as elections are concerned. ..... for withdrawal will be 14th february. on 22nd january, 1972, the election commission of india in pursuance of sub-section (2) of section 15 of the representation of the people act 1951, recommended the 4th of february, 1972 as the date on which may be published in the official gazette, a notification by which the governor .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1998Cal244,(1998)2CALLT109(HC)
..... purushottamal kaushik v. vidyacharan shukla reported in air 1980 mp 180, disqualification for membership of parliament asprovided under art. 102 along with disqualification under the representation of people act under section 8(2) and section 8(3) as the same stood earlier were considered. in the aforesaid decision it was recognised that exception ..... is not disqualified as a member of the legislature. this contention, however, cannot be accepted for the simple reason under section 7(b). of the representation of the people act. 'disqualification' means disqualified for being chosen and for being a member of the legislature. accordingly, the distinction sought to be made out by ..... in the election. his election was challenged by an election petition primarily on the ground that he was disqualified under section 8(2) of the representation of the people act, because on the date of his election he stood convicted for an offence of imprisonment exceeding two years. before the election petition was .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal527
..... in section 16(1)(a) of the representation of the people act, 1950 was not in issue in that case. that case is, therefore, distinguishable. 10. i have, therefore, come to the conclusion that the ..... that case it was not a ground of challenge that any of the voters suffered from the disqualifications mentioned in section 16(1)(a) of the representation of the people act, 1950. the question whether the electoral roll of the state legislative assembly must also be regarded as conclusive with regard to the disqualification mentioned ..... unsoundness of mind, crime or corrupt or illegal practice shall be entitled to be registered as a voter at any such election. part iii of the representation of the people act, 1950 provides for the preparation and revision of the electoral rolls of the state legislative assembly and for correction of entries and inclusion of names .....
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