Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 170 jurisdiction of civil courts barred Page 1 of about 353 results (1.967 seconds)

Dwijendra Lal Sen Gupta Vs. Harekrishna Konar

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 .....

Nrisinha Kumar Sinha Vs. the Returning Officer, for the Constituency o ...

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 .....

Ramdhan Vs. Bhanwarlal

Court : Rajasthan

Reported in : AIR1985Raj185; 1983()WLN439

..... presented an election petition in this court on july 14, 1980 alleging that ramdhan was guilty of corrupt practice specified in section 123(7) of the representation of the people act, 1951 (hereinafter referred to as 'the act'), on account of his incurring expenditure in contravention of the provisions of section 77 of the act. ..... following observations of their lordships of the supreme court made in ponnuswami's case may be usefully extracted in this context (para 11) : -- 'the representation of the people act, 1951 which was passed by parliament under art. 327 of the constitution, makes detailed provisions in regard to all matters and all stages connected with ..... court observed as under (para 14) :-- 'in our opinion however, the limitation act cannot apply to proceedings like an election petition inasmuch as the representation of the people act is a complete and self-contained code which does not admit of the introduction of the principles or the provisions of law contained in the indian .....

Hanuman Singh Vs. the Election Commissioner of India and ors.

Court : Rajasthan

Reported in : AIR2000Raj100; 1999(3)WLC203

..... statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of.' 'it was argued that since the representation of the people act was enacted subject to the provisions of the constitution, it cannot bar the jurisdiction of the high court to issue writs under article 226 of the ..... on very limited grounds, one of them being the improper rejection of a nomination paper. the law with which we are concerned is not section 100, representation of the people act. 1951. one of the grounds for declaring an election to be void is the improper rejection of a nomination paper.' 'the question now arises whether ..... by the returning officer. the factum of death was notified by the returning officer to the election commissioner as was mandatorily required under section 52 of the representation of the people act (here-in-after called the act). the election commission of india after receipt of the report from the returning officer, issued notice under section 52 .....

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 .....

Ramchandra Bhagwanji Desai Vs. Gulabbhai Kalidas Desai and ors.

Court : Gujarat

Reported in : AIR1996Guj179; (1996)1GLR586

..... . ponnuswamy v. returning officer, namakkal constituency, reported in air 1952 sc 64, held that the said decision was with reference to the provisions of the representation of the people act, 1951 and article 329(b) of the constitution of india. it was noticed that section 100 of the act of 1951 expressly enables an aggrieved ..... of the returning officer by reason of the provisions of article 329(b) of the constitution of india. on appeal supreme court, examining the provision of the representation of people act, viz. section 80, section 100 which provides grounds on which election can be called in question, section 105 which makes every order of the election ..... guj lr 1058 : (air 1976 guj 105). this court has distinguished the judgment of the apex court saying that they pertain to the provisions of the representation of the people act, 1951 and in view of clause (b) of article 329 of the constitution of india which prohibits on entertaining any election disputes against improper rejection .....

Rabari Kalubhai Valabhai of Deesa and Etc. Vs. State of Gujarat and or ...

Court : Gujarat

Reported in : AIR1989Guj168; (1988)2GLR1472

..... election at the intermediate stage. the election contemplated under the representation of the people act and under the provisions of the constitution in chap. xv, embraces all processes of election including filing of the nomination until declaration of the ..... election shall be called in question' in its context and setting,, with due regard to the scheme of part xv of the constitution and the representation of the people act, 1951.'19. in the above said decision the observation of the supreme court is in respect of the advisability of calling in question the ..... a candidate being declared elected. the supreme court, after referring to art. 324 wherein the word 'conduct of elections' occurs and other relevant provisions in the representation of people act, observed : 'that the word 'election' can be and has been properly used with reference to the entire process which consists of several stages and embraces .....

Krishna S/O Panchamrao Khopade Vs. Satish S/O Jhaulal Chaturvedi and o ...

Court : Mumbai

Reported in : 2007(6)ALLMR96

..... order to fill up the vacuum left due to non-legislation by parliament. it is high time that the parliament should consider amending the representation of the people act, 1951 by incorporating disqualification of the candidate for furnishing wrong or incomplete information and suppressing material information about the assets and liabilities of ..... of india had undertaken comprehensive study of the measures required to expedite hearing of election petitions and to have a thorough review of the representation of the people act, 1951 so as to make the electoral process more fair, transparent and equitable. the law commission made recommendation for debarring a ..... been materially affected. he submitted that the nomination paper filed by r-1 was rightly accepted by r-10. he submitted that neither the representation of people act, 1951 nor the rules, orders, instructions issued thereunder contained any provision regarding disqualification of a candidate due to filing of defective affidavit or .....

Dr. Y.S. Parmar Vs. Hira Singh Pal and anr.

Court : Himachal Pradesh

..... . it is immaterial if the name of amar singh was not entered in the form before the appellant signed it. the election law (as contained in the representation of the people act, 1951, as amended) does not contemplate the delegation of powers under section 46, by the contesting candidate to anybody other than his election agent. since, ..... polling agent to be signed before presiding officer', 'i hereby declare that at the above election, i will not do anything forbidden by section 128 of the representation of the people act, 1951, which i have read/has been read over to me.' after that, the presiding officer. shri bhanu pratap, signed the form at the place ..... of dr. y. s. parmar was, however, challenged by an unsuccessful candidate, shri hira singh pal, by means of an election petition under section 80 of the representation of the people act, 1951 (which, hereafter, will be referred to as 'the act).'the petition was referred to an election tribunal, consisting of a single member, shri s. d .....

Bholanath Srivastava Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1963All363

..... article 226 of the constitution.8. learned counsel urged that because in the present case the petitioner was questioning the vires of section 34 of the representation of the people act, 1951 the question could be raised in these proceedings; but in my opinion the ground on which the order rejecting the nomination paper is being ..... therefore, wants that order to be quashed. the nomination paper has been rejected on the ground that the petitioner had not complied with section 34 of the representation of the people act, 1951. the contention is that the provisions of that section were not valid and compliance with them ought not, therefore, to have been insisted upon ..... the parliament. he urges that by providing for an additional qualification of making a deposit of rs. 500/- by way of security section 34 of the representation of the people act really adds a qualification to the various qualifications mentioned in the constitution and that is not permissible. his case is that as section 34 was .....