Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 146c protection of action taken in good faith Page 12 of about 610 results (0.738 seconds)

Election Commission of IndiA. Vs. Telengana Rastra Samiti and ors.

Court : Supreme Court of India

..... occurrence of the vacancy.22. the rival contentions on the issue under consideration have been occasioned by the introduction of section 151a in part ix of the representation of the people act, 1951, with effect from 1st august, 1996. part ix of the said act which deals exclusively with bye- elections contains section 147 and sections ..... 1967 sc 1211 = 1967 (2) scr 489], held that the submissions made on behalf of the election commission that the provisions of section 151a of the representation of the people act, 1951, should be interpreted so as not to render sections 84, 98 and 101 otiose, was unsustainable. it was also held that a court should ..... allowed by the high court by its impugned judgment by applying the literal rule of interpretation. it was held that the provisions of section 151a of the representation of the people act, 1951, hereinafter referred to as `the 1951 act', were mandatory and that the pendency of election petitions and the uncertain consequences that might follow .....

Rajendra Prasad JaIn Vs. Sheel Bhadra Yajee and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1445; 1967(0)BLJR718; 1967CriLJ1218; [1967]3SCR19

..... succeed in his objective. the offer of bribery in the manner proved in this case, in our opinion, clearly satisfies the requirements of section 123 of the representation of the people act. the decision of the high court upholding that of the election tribunal seeking aside the election of the appellant to the rajya sabha was, therefore, right ..... consider existence of a contract for supply of goods in connection with deciding the disqualification of a candidate as set out in s. 7(d) of the representation of the people act, 1951. the court in dealing with this aspect, distinguished between a contract for purposes of the contract act and a contract for purpose of the election ..... it is a legal offence, although these cases have been spoken of as being an inferior class by reason of the difficulty of proof, from the possibility of people being mistaken in their accounts of conversations in which offers were made whereas there can be no mistake as to the actual payment of money. ' in england, thus .....

Kapil Muni Karwariya Vs. Chandra NaraIn Tripathi.

Court : Supreme Court of India

..... the election to the aforesaid 51-phulpur parliamentary constituency as a candidate of krantikari jai hind sena, which is an unrecognized political party. accordingly, under section 33 of the representation of the people act, 1951, his nomination paper was required to be subscribed by ten (10) proposers. his nomination paper was found to be defective, inasmuch as, the name of the second ..... petition no.1 of 2009, filed by the respondent herein, shri chandra narayan tripathi @ chandu tripathi, in connection with the said election, under sections 80, 80a/81 of the representation of the people act, 1951, for a declaration that the election of shri kapil muni karwaria as a member of parliament from 51-phulpur parliamentary constituency of district allahabad be set aside .....

Smt. Saroj Kumari Yadav Vs. State of U.P. and Others</B>

Court : Allahabad

Reported in : 1999(1)AWC514; (1999)1UPLBEC630

..... statute, we cannot read anything fishy in between the lines.25. the petitioners' endeavour to draw analogical support from sections 81, 82 and 86 of the representation of the people act, 1950 with regard to the defects in the format of the complaints failed to impress us because the aforesaid provisions deal with an election petition and not ..... way of a no-confidence motion in may. 1997, the respondents procured some cooked up and frivolous complaints, whose copies were not supplied to him despite his representation to this effect, and then on going through the farce of a preliminary inquiry by an unauthorised and incompetent person passed the impugned order dated 14.7.1998 ..... tailored in a self-contained code. they, after all, are not the employees of the state rather hold office in their own right as elected representative of the people.21. this apart, in the context of service law in quite a few situations, there need not even be a preliminary enquiry before proposing a full-dress .....

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 .....

Kashi Nath Pandey Vs. Shibban Lal Saxena and ors.

Court : Allahabad

Reported in : AIR1959All54

..... elector in constituency and was merely a candidate for election from this constituency. further questioned, learned counsel conceded that, under section 81 of the representation of the people act, two candidates could file a joint election petition against a successful candidate and similarly two electors could file a joint election petition against a successful ..... the application for substitution presented by opposite party no. 1 was filed beyond the period of limitation prescribed by section 110(3)(c) of the representation of the people act. when this petition was argued before us, learned counsel for the petitioner admitted that he was unable to support the 1st ground relating ..... which later held sittings at sitapur. on 9-10-1957 sri kapildeo presented an application for withdrawal of the election petition under section 109 of the representation of the people act (act xliii of 1951). on 28-11-1957, opposite party no. 1 filed an objection against that application for withdrawal. on 16-12- .....

People's Union for Civil Liberties and Anr. Vs. Union of India (UOi) a ...

Court : Supreme Court of India

Reported in : (2009)5MLJ587(SC); 2009(3)SCALE22; (2009)3SCC200; 2009(2)LC850(SC):2009AIRSCW2819

..... union of india (supra) on which reliance has been placed by the learned additional solicitor general, the constitution bench examined the petitioner's challenge to the representation of people (amendment) act 40 of 2003 by which the requirement of domicile in the concerned state for getting elected to the council of states was deleted. the ..... election by clandestinely providing funds in the form of black money to the political parties, parliament amended the companies act, income-tax act and the representation of the people act. the object of these amendments was to bring transparency in election-funding. common cause, a society registered under the societies registration act filed petition ..... law, nor in equity but is a statutory proceeding to which only statutory rules apply. the statute concerned with the election matters is the representation of the people act which is a complete and self-contained code and within it must be found any rights claimed in relation to an election or an .....

Jagdish Prasad Tiwari Vs. Ramdhani Mishra

Court : Supreme Court of India

Reported in : AIR1975SC1514; (1975)1SCC108; 1975(7)LC70(SC)

..... is hardly any evidence to indicate that the appellant in any manner had made any such propaganda by abusing the prime minister. 3. under section 123(4) of the representation of the people act the false statement must be in relation to the personal character or conduct of the condidate. we should here set out the offending portion in ext. p-1 ..... politics and my principle, is only that i may make my constituency so full of means and splendid as to remove proverty, illiteracy, and unemployment from here, so that the people of the constituency may not wander about place to place for employment and bread. in this election my two opponents shri achutanand and shri jagdish prasad had been legislators, you .....

Public Interest Committee For Scheduling Specific Areas An Unregistere ...

Court : Supreme Court of India

..... ... respondents with writ petition (civil) no 187 of 2019 2 judgment dr dhananjaya y chandrachud, cji contents constitutional framework .................................................................................................. 3 representation of peoples act, 1950 ............................................................................... 8 delimitation act, 2002 ...................................................................................................... 11 factual context ................................................................................................................ 14 submissions on behalf of the petitioners ........................................................................ 22 submissions on ..... legislative assembly of the state of tripura to be constituted at any time after the commencement of the representation of the people (amendment) act, 1992 42 candidates belonging to such sections and for the delimitation of constituencies. parliament .....

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 .....