Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 146c protection of action taken in good faith Page 9 of about 610 results (0.407 seconds)

S.P.K.Dhamodhar. Vs. Narayanasamy, and anr.

Court : Chennai

..... the petitioner had also declared that the election petition had been filed within the period of 45 days, prescribed, under section 81(1) of the representation of the people act, 1951. therefore, the petitioner had filed the election petition praying that this court may be pleased to declare the election of the first ..... first respondent ought to have furnished the correct information before the second respondent/returning officer, as per the requirements of section 33-a of the representation of the people act, 1951. by the said legislation, it is clear that the candidates should furnish true and real information, without suppressing the material and substantial ..... first respondent, who is the returned candidate, had furnished an affidavit, along with his nomination form, as mandated under section 33-a of the representation of the people act, 1951. from the information available about the candidates from the relevant website of the election commission of india, through the internet, it had .....

Anil Kumar Jha Vs. the State of Bihar and ors.

Court : Patna

..... act, 2006 and the rules framed thereunder, there is no provision, which is akin to section 3 of the limitation act or section 86 of the representation of the people act, 1951 commanding the election tribunal constituted under the gram panchayat act either by express words or by necessary implication to dismiss the election petition filed beyond ..... to any other consequence.the said observations were rendered by the hon'ble supreme court, with reference to sub-section (5) of section 33 of the representation of the people act, 1951 which required the candidate to furnish the copy of the electoral roll so as to satisfy the returning officer that he was elector in another ..... this court in the case of birendra kumar and shambhu lal (supra) may have been rendered ignoramus of the provisions contained in section 86 of the representation of the people act, 1951 but in those judgments hon'ble single judge of this court having considered the different provisions of the gram panchayat act and the rules .....

Polaki Kotesam and ors. Vs. S.M. Patnaik, I.A.S. Registration Officer ...

Court : Orissa

Reported in : AIR1954Ori87

..... nomination of sri gadi nara-yanamurty but that they were challenging the revised electoral roll in contravention of the provisions of r. 22 of the representation of the people (preparation of electoral rolls) rules.this argument cannot, however, bear scrutiny. the time for challenging the validity of the revised electoral roll had ..... right to exercise their franchise provided their names are found in the electoral roll of their constituency. if they are deprived of this right the representation of the people (preparation of electoral rolls) rules prescribe the necessary procedure for rectifying the omission. but the petitioner's right to vote for a particular candidate ..... subsequent to the draft publication of the electoral roll on the 7th august, 1952, to have their names included into. rule 10 of the representation of the people (preparation of electoral rolls) rules 1950 lays down that simultaneously with the draft publication of the electoral roll, a notice shall be published calling .....

Mohinder Singh Gill and anr. Vs. the Chief Election Commissioner, New ...

Court : Supreme Court of India

Reported in : AIR1978SC851; (1978)1SCC405; [1978]2SCR272

..... found elsewhere, reference may be made to section 19a of the act which,, in terms, refers to functions not only under the representation of the people act, 1950 and the representation of the people act, 1951, or under the rules made thereunder, but also under the constitution. the commission is, therefore, entitled to exercise ..... argument as without merit, despite the great dialectical ingenuity in the submission. in this connection the learned judge observed :under section 36 of the representation of the people act, 1951, it is the duty of the retaining officer to scrutinize the nomination papers to ensure that they comply with the requirements of ..... adopted by fazal ali, j. in ponnuswami. : [1952]1scr218 . he explained :the concept of democracy as visualised by the constitution presupposes the representation of the people in parliament and state legislatures by the method of election. and, before an election machinery can be brought into operation, there are three requisites which require .....

T.M. Chandrasekhar Vs. L.R. Shivaramegowda

Court : Karnataka

Reported in : ILR1992KAR444; 1991(3)KarLJ308

..... that the incurring or authorizing of expenditure in contravention of that section is a corrupt practice. incidentally, we may observe that there is provision in the representation of the people act, 1951, which deals with 'disqualifications for membership of parliament or of a state legislature and clause (c) of that section relates to failure on ..... he was responsible for advancing loans to weaker section of the society getting subsidy of rs. 1000/- from the government and other benefits to the people. these representations made by him were deliberately done to induce the voters to think that the 1st respondent is solely responsible for all the programmes and policies carried ..... alleged against r-1 and his election agents under sub-sections (1) (a)(a), (3), (3a), (4) and (6) of section 123 of the representation of the people act, 1951 ('the act' for short hereafter) during this election. they are as follows:(a) the nagamangala assembly constituency during that election had 1,17,135 voters .....

S. Iqbal Singh Vs. S. Gurdas Singh Badal and ors.

Court : Punjab and Haryana

Reported in : AIR1973P& H163

..... placed on observations in the halsbury's laws of england based on statutory provisions in the english laws. the act is principally based on the english representation of the people act, 1949. the fact that the parliament while incorporating all necessary and relevant provisions from the english act mutatis mutandis in the indian act deliberately ..... as a party under the provisions of the civil procedure code which are expressly made applicable, to the trial of election petitions subject to the provisions contained in the representation of the people act and the rules made thereunder.'68. same view was taken by the election tribunal, bombay, in (1951)1 ele lr 194, where it was ..... created and tribunals are constituted for the trial of election petitions.' (see harish chandra v. triloki singh, air 1957 sc 444, and section 86(7) of the representation of the people act, 1951). (5) 'the true scope of the limitation enacted in section 90(2) (now section 87(1) ) on the application of the procedure .....

Quamarul Islam Vs. S.K. Kanta and Others

Court : Supreme Court of India

Reported in : AIR1994SC1733; JT1994(1)SC452; 1994(1)SCALE129; 1994Supp(3)SCC5; [1994]1SCR210

..... stated as follows :the allegations that this respondent had committed corrupt practices within the meaning of section 123(2), (3), (3a) and (4) of the peoples representation act, are all false. the publications if any, issued by the indian union muslim league or by muslim youth league have anything to do with this respondent, ..... furtherance of the prospects of election of respondent no. 1 or for prejudicially affecting the election of the petitioner attracting section 123(3a) of the representation of the people act, 1951?(4) whether the petitioner proves that respondent no. 1 has committed acts alleged in the petition of publishing any pamphlet or statement ..... the defeated candidate, respondent no. 1, shri s.k. kanta. the aggrieved, unseated candidate, (appellant) has filed this appeal under section 116a of the representation of people act, 1951 (hereinafter referred to as 'act').2. on 24.11.1989, elections were held to the karnataka legislative assembly. the appellant contested the election .....

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 .....

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 .....

Yeshvantarao Balwantrao Chavan Vs. K.T. Mangalmurti and anr.

Court : Mumbai

Reported in : AIR1958Bom397; (1958)60BOMLR353; ILR1958Bom732

..... . but, in our view, what has been stated in that case with regard to election, may well apply to an election contemplated under the representation of the people act, 1951.9. the principal question which arises for decision is as regards the proper construction of the i expression 'all the contesting candidates' ..... according to the second respondent, materially affected the result of the election. further, he complained of non-compliance with the provisions of the constitution, the representation of the people act, 1951, and the rules and the orders made thereunder. the second respondent', therefore, claimed a declaration that the said election of the petitioner ..... withdrew his candidature before the date fixed for withdrawal and then the returning officer published a list of contesting candidates under section 38 of the representation of the people act. there is ho dispute that that list included the names of the petitioner, the second respondent and two other candidates viz., mahomed .....