Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 170 jurisdiction of civil courts barred Court: supreme court of india Page 8 of about 121 results (0.104 seconds)

Gadnis Bhawani Shankar, V. Vs. Faleiro Eduardo Martinho

Court : Supreme Court of India

Reported in : AIR2000SC2502; JT2000(8)SC461; 2000(5)SCALE436; (2000)7SCC472; [2000]Supp2SCR77; 2000(2)LC1305(SC)

..... respondent alone was arrayed as a party-respondent. after service of notice, respondent raised a preliminary objection by filing an application under section 86 of the representation of the people act, 1951 (hereinafter referred to as the 'act'). it was averred that election petition was liable to be dismissed for non-compliance with the requirements ..... of section 82 of the act. the preliminary objection was upheld and election petition was dismissed. hence, this appeal.3. section 82(b) of the representation of the people act, 1951 provides:82-a petitioner shall join as respondents to his petition -(a)... (b) any other candidate against whom allegations of any corrupt practice ..... the act.(emphasis ours)10. in ram pratap chandel v. chaudhary lajja ram and ors. 1998 (8) 564, the requirements of section 82 of the representation of the people act were dealt with and the bench held opined that a candidate against whom a charge of corrupt practice has been made in the election petition, was .....

Satrucharla Vijaya Rama Raju Vs. Nimmaka Jaya Raju and ors.

Court : Supreme Court of India

Reported in : AIR2006SC543; 2006(1)ALD125(SC); 2006(1)AWC321(SC); JT2005(9)SC545; (2006)1SCC212

..... in a constituency reserved for that tribe and to that extent, having relationship to the status of the appellant. in such an action under the representation of the people act, 1951 what is decided is whether the election petitioner had succeeded in establishing that the successful candidate belonged to a caste or community, that ..... pradesh (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificates act, 1993 was conclusive and binding on the proceedings under the representation of the people act, 1951, he did not seriously pursue that contention, obviously because of the fact that the certificate issued under that act served a different purpose ..... issue of community certificates act, 1993 or the certificate issued thereunder did not have any impact on the trial of the election petition under the representation of the people act, 1951 and that the election petition had to be tried and decided on the basis of evidence that may be adduced in it. this .....

Election Commission of India Vs. St. Mary's School and Ors.

Court : Supreme Court of India

Reported in : 2007AIRSCW7761; AIR2008SC655; 2008(1)ALT17(SC); 2008(1)AWC139(SC); 147(2008)DLT24(SC); (2008)1MLJ1062(SC); (2008)2SCC390; 2008(4)KCCRSN269

..... holding of an elections is a sovereign function. (ii) the election commission having regard to the provisions contained in the constitution of india as also the representation of the people act, 1951 is required to conduct elections for the purpose of upholding democracy. (iii) democracy being a basic feature of the constitution of india, it ..... constitution of such house or houses. 14. the parliament with a view to give effect to the said constitutional functions enacted the representation of the people act, 1950 (1950 act) and the representation of the people act, 1951 (1951 act). 15. we may notice certain provisions of the said acts.1950 act:section 13a of 1950 act ..... cannot be neglected. therefore, it is necessary to maintain the balance between the two. 25. with an advent of technology requisitioning of a large number of people for carrying out the election may not be necessary. we may notice that the election commission has different roles to play. preparation of an electoral rolls, .....

Ashok. Vs. Rajendra Bhausaheb Mulak.

Court : Supreme Court of India

..... bobde that the impugned judgment and order of the high court dismissing the election petitions filed by the petitioners being appealable under section 116a of the representation of people act, 1950, the petitioners could not maintain the special leave petitions under article 136 of the constitution which deserves dismissal on that ground alone. reliance ..... condonation of delay in both the special leave petitions and direct that the slps shall be treated as appeals filed under section 116a of the representation of the people act.6. that brings us to the merits of the controversy in the election petitions filed by the appellants. the election petitions specifically alleged ..... cause of action for consideration by the court so as to entertain the election petition. but the language of section 100 (1) (c) of the representation of people act, 1951 is too clear for any speculation about possibility.5. fortunately, for the respondent/returned candidate, the basis of the election petition filed by .....

Hari Prasad Mulshanker Trivedi Vs. V.B. Raju and ors.

Court : Supreme Court of India

Reported in : AIR1973SC2602; (1974)3SCC415; [1974]1SCR548

..... decisions.11. before doing so, we think it proper to refer to the provisions of the constitution and the representation of the people act, 1950 and 1951 (hereinafter called the '1950 act' and '1951 act' respectively) which have a bearing on the subject.12. article 326 of the ..... and enter the names of respondents 4 and 5 in the election petition in the electoral roll in violation of the provisions of section 19 of the representation of the people act, 1950. it is, therefore, necessary to examine the decisions of this court to see whether the finding of the high court is justified by those ..... illegally entered in the electoral roll of the respective constituency in gujarat and as they were not 'electors' within the meaning of section 2(1)(e) of the representation of people act, 1951, they were not eligible to become candidates in the election. respondent no. 1 also raised several other contentions in support of the declaration prayed for .....

Bhikaji Keshao Joshi and anr. Vs. Brijlal Nandlal Biyani and ors.

Court : Supreme Court of India

Reported in : AIR1955SC610; [1955]2SCR428

..... were vague, said as follows : 'the petitioners are prepared to give further particulars if the tribunal is pleased to permit under section 83(3) of the representation of the people act'. 14. this reply was filed on the 16th october, 1952, which is the very date on which the first of the above orders extracted from ..... them to vote for himself at the ensuing election. respondent no. 1 was guilty of bribery within the meaning of that term in section 123 of the representation of the people act. similar instances of giving illegal gratifications for securing votes of respective groups are - (a) donation to hariharpeth akhada; (b) payment to panch-bungalow ..... the other three candidates who, having been validly nominated went to the polls but were defeated. the appellants filed the election petition under section 80 of the representation of the people act, 1951 (act xliii of 1951) (hereinafter referred to as the act) for setting aside the election on various allegations. the petition was filed on .....

Chatturbhuj Vithaldas Jasani Vs. Moreshwar Parashram and ors.

Court : Supreme Court of India

Reported in : AIR1954SC236; [1954]1SCR817

..... jasani, for the general seat. jasani's election was challenged on the ground that he was subject to the disqualifications set out in section 7(d) of the representation of the people act (act xliii of 1951) as he was interested in a contract for the supply of goods to the central government. 6. the election tribunal held that the ..... are not void simply because the union government could not have been sued on them by reason of article 299(1). 54. now section 7(d) of the representation of the people act does not require that the contracts at which it strikes should be enforceable against the government; all it requires is that the contracts should be for the ..... the world and the other a secular one. the latter observe the caste system and follow the rituals of their own caste and carry on social contacts with their caste people and marry among them. similar views are expressed by bal krishna mahanubhav shastri. but we are not really concerned with their theology. what we have to determine are .....

Jumuna Prasad Mukhariya and ors. Vs. Lachhi Ram and ors.

Court : Supreme Court of India

Reported in : AIR1954SC686; (1954)IIMLJ711(SC); [1955]1SCR608

..... in a substantial miscarriage of justice. on those findings a major corrupt practice on the part of the 1st respondent (1st appellant here) under section 123(5) of the representation of the people act, 1951, is established. 4. the next finding concerns the 2nd respondent (appellant no. 2). the tribunal finds that he made a systematic appeal to chamhar voters to vote .....

Shubnath Deogram Vs. Ram NaraIn Prasad and ors.

Court : Supreme Court of India

Reported in : AIR1960SC148; [1960]1SCR953

..... crowed, rise now, open your eyes, be prepared for duty, yours only cock. 27. before considering this document it may be convenient to read the relevant provisions of the representation of the people act, 1951, (hereinafter called the act). s. 123 : the following shall be deemed to be corrupt practices for the purposes of this act :- * * * (3) the ..... not to vote for the party. it may be that it would come within the kind of undue influence mentioned in s. 123(2)(a)(ii) of the representation of the people act, 1951, if practised on an individual elector. but where, as we shall show later it happened in this case, this kind of appeal is made ..... containing appeals for votes on grounds of religion and thereby committed the corrupt practice of systematic appeal on grounds of religion under s. 123(3) of the representation of the people act, 1951. it is also said that the appellant himself and through his agents solicited votes by reading over and explaining the contents of the leaflets and by .....

Mohan Singh Vs. Bhanwarlal and ors.

Court : Supreme Court of India

Reported in : AIR1964SC1366; 1964MHLJ233(SC); [1964]5SCR12

..... question to be considered is whether the publication of the leaflets amounts to commission of a corrupt practice within the terms of s. 123(4) of the representation of the people act, 1951. section 123 sets out what the diverse corrupt practices recognised by the act are. clause (4) defines a corrupt practice by publication of ..... annexures 'd' & 'e'. 3. the petition was referred for trial by the election commission to the election tribunal, ratlam, under s. 86 of the representation of the people act. mohan singh by his written statement denied that he had published the leaflets and submitted that the leaflets which appeared to have been published by the electorate contained ..... largest number of votes at the election, and he was declared elected. 2. bhanwarlal applied under s. 80 read with sections 100 and 101 of the representation of the people act (43 of 1951), to the election commission of india for an order declaring the election of mohan singh void, and mohan singh disqualified because of .....