Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 170 jurisdiction of civil courts barred Page 12 of about 353 results (0.270 seconds)

Thirubhuvanam Silk Handloom Weavers' Co-operative Production and Sales ...

Court : Chennai

Reported in : (1992)2MLJ260

..... the united kingdom where a parliamentary election petition is tried by two judges on the rota for the trial of parliamentary election petitions in accordance with the representation of the people act, 1949. section 5 of article 1 of the u.s. constitution provides that each house (senate and the house of representatives) shall be the ..... the difficulty in accepting this argument is that in part (i) of clause (4) the constituent authority expressly stated that the previous law, namely, the representation of people act as amended in so far as it related to election petitions and matters connected therewith was not to apply so far as the challenge to the election ..... of the house is the trial of controverted elections was transferred by statute to the courts of law. the present procedure is contained in the english representation of the people act, 1949. the trial is confided to judges selected from the judiciary. provision is made in each case for constituting a rata from whom these judges .....

Mohd. Nissar S/O Mohd. Ibrahim Pawar Vs. Shivaji S/O Bhanudas Kardile

Court : Mumbai

Reported in : 2007(6)ALLMR176; 2007(6)BomCR510

..... plead material facts need not be over emphasised. the need to plead material facts is implicit in the requirement of law, particularly, under section 83 of the representation of people act. section 83(1) makes it mandatory for the petitioner to make a concise statement of the material facts on which he relies. it is also ..... produced by the petitioner is enough to reach conclusion, even prima facie, that the respondent indulged in corrupt practices within the meaning of section 123 of the representation of people act. the respondent is not a member of muslim community. the pamphlet in question does not show that the appeal was made to members of muslim community ..... and other details, cannot be treated as fatal. for, the respondent was not prejudiced by the said defect nor compliance with section 83(1)(c) of the representation of people act can be regarded as mandatory. the first technical objection of the respondent, therefore, must be negatived.13. the main thrust of the respondent is on the .....

Shri Sant Sadguru Janardan Swami (Moingirid Maharaj) Sahakari Dugdha U ...

Court : Supreme Court of India

Reported in : 2001VIIIAD(SC)84; AIR2001SC3982; 2001(4)ALLMR(SC)863; JT2001(8)SC287; 2001(6)SCALE585; (2001)8SCC509

..... ors. vs . surjeet singh and ors. - : [1980]3scr946 and ramchandra ganpat shinde and anr. vs . state of maharashtra and ors. - : air1994sc1673 . learned counsel also referred to section 100 of representation of peoples act and a decision in the case of shri shreewant kumar choudhary vs . shri baidyanath panjiar - : air1973sc717 . in sum and substance, the argument is that since the breach of rule ..... challenged where there is non-compliance of the provisions of the constitution or of the said act and the rules or orders made thereunder - meaning thereby that breach of the representation of people act, 1950 cannot be called in question in an election petition filed under 1951 act. in that view of the matter, the decision replied upon by the appellant is .....

Virender Nath Gautam Vs. Satpal Singh and ors.

Court : Supreme Court of India

Reported in : AIR2007SC581; 2007(1)ALLMR(SC)450; 2007(2)ALT98(SC); JT2007(1)SC265; 2006(14)SCALE95; (2007)3SCC617

..... proceeded to observe that the defeated candidate did not say that he raised any objection when electoral rolls were prepared or revised under section 21 of the representation of the people act, 1950.the court then stated; the defeated candidate does not say that he was not aware of the entries of the dead persons in the electoral ..... whether the election petition does not disclose any cause of action?6. whether the petition lacks in material facts and particulars, as contemplated under section 83 of the representation of people act?8. whether the petitioner is estopped from claiming recounting of votes?8. the high court then heard the learned counsel for the parties on the above three ..... 8(ii), the appellant alleged that as many as 60 double votes had been cast which was in contravention of the provisions of section 62(4) of the representation of the people act, 1951 (hereinafter referred to as 'the act'). thus, 120 votes had been counted though voters were only 60. it was in violation of the .....

Manohar Vs. Kunal (Baba) and Others

Court : Mumbai Aurangabad

..... contract entered into by the respondent no.1 in the course of his business with the appropriate government incurring disqualification as provided by section 9a of the representation of the people act, 1951. 9. all the factual aspects are admitted by the respondent no.1. it was further admitted that respondent no.1 was required to ..... anr. vs. union of india and anr. ? (2003) 4 scc 399, inter-alia it is declared that the contrary provisions made thereafter being section 32b of the representation of the people (3rd amendment) act, 2002, as constitutionally invalid. further, in the case of resurgence india vs. election commission of india ? 2014 air(sc) 344, it was ..... i.e. the government of maharashtra which was entered in due course of his business. therefore, in view of the provisions of section 9a of the representation of the people act, 1951, he was disqualified from contesting the election. 5. there is no dispute between the parties that if the assets and liabilities which are substantive .....

Maharashtra Navnirman Sena Through Its General Secretary, Mr. Shirish ...

Court : Mumbai

Reported in : 2009(6)BomCR329

..... list, it will be difficult for this court to grant such a relief. even otherwise, this relief cannot be granted, as there is a procedure prescribed under the representation of people act and the rules made there under to object to inclusion of a particular voter in a voters' list.11. for these reasons, we do not find merit ..... bogus voting in the ensuing election.6. respondent no. 2 has filed a counter affidavit, in which it has stated that in terms of section 61 of the representation of people act, 1951, the commission is obliged to take measures and prescribe procedure for preventing impersonation of electors, and therefore, circulars are being issued from time to time. ..... cards' issued on or before 2822009 shall also be permitted as an additional document for establishing the identity of electors at the general election to the house of the people in the state of maharashtra.3. earlier to it, an order was passed on 6th april, 2009. the order dated 11th april, 2009 is in addition to the .....

Rakesh Srivastava Nyayik Vs. Senior Superintendent of Police, Varanasi ...

Court : Allahabad

Reported in : 1998(1)AWC429

B.K. Roy and P.K. Jain, JJ.1. The petitioner has knocked the doors of this Court by taking recourse to Article 226 of the Constitution of India for grant of following three reliefs :(i) issue a writ, order or direction in the nature of mandamus directing the respondent Nog. 1. 2 and 3 to follow the dictum contained in the Government Order date4 19.2.1996 on the subject of the provision of shadow, gunner and guard with regard to the persons having criminal history and background in all strictness or alternatively clarify or formulate the clear guideline for the citizens of State of U. P. with regard to the principles which govern the feasibility of the provisions of shadow, gunner and guard etc. to the persons having the criminal history: (ii) issue a writ, order or direction in the nature of mandamus directing the respondents to grant the gun licence applied by the petitioner notwithstanding the pendency of the Case Crime No. 229/91 under Sections 147. 148, 149 and 302, I.P.C.. P. S. C...

Madan Lal Vs. Zargham Haider and ors.

Court : Allahabad

Reported in : AIR1958All596

..... 1, had procured and hired the various conveyances. for the sake of examining how far these paragraphs satisfied the requirements of section 83 of the representation of the people act, we shall proceed on the assumption that the details about the names of the agents and supporters sought to foe introduced by the amendment application ..... an alteration in the paragraph would, in our opinion, be an amendment or an amplification of the nature contemplated by section 90 (5) of the representation of the people act andthis amendment should have been allowed by the election tribunal. then a further amendment sought is by giving a more precise description of the mosques ..... of a particular which was already given in the original petition. such an amplification should have been permitted under section 90 (5) of the representation of the people act.12. for opposing the amendment applica-tion a further contention was put forward by learned counsel that this application for amendment was made at a .....

Government of Andhra Pradesh, Rep. by Its Prl. Secretary (P.R. and R.D ...

Court : Andhra Pradesh

Reported in : 2007(2)ALT263

..... settled with reference to corresponding entry in the electoral roll of the assembly constituency concerned by lodging suitable claim or objection under the provisions of representation of people act, 1950, and the registration of electors rules, 1960, made thereunder before the electoral registration officer of the assembly constituency concerned. such claims ..... 'the electoral roll', shall be such part of the current electoral roll of the andhra pradesh legislative assembly constituency, prepared and published under the representation of the people act, 1950 (central act 43 of 1950), as relates to the village, which shall be prepared by the district panchayat officer, taking into ..... roll in respect of each territorial constituency of zilla parishad shall be kept open for inspection in the office of the zilla parishad concerned.representation of the people act, 1950section 13a. chief electoral officers:(1) there shall be for each state a chief electoral officer who shall be such officer of .....

Union of India (UOi) Vs. Association for Democratic Reforms and Anr.

Court : Supreme Court of India

Reported in : AIR2002SC2112; 2002(3)ALD90(SC); 2002(3)ALLMR(SC)228; 2002(2)BLJR1317; 97(2002)DLT657(SC); JT2002(4)SC501; (2002)3MLJ55(SC); RLW2002(4)SC487; 2001(4)SCALE110; (2002)5SCC294

..... the required affidavit or files an incomplete affidavit shall be deemed to be an incomplete nomination paper within the meaning of section 33(1) ofthe representation of the people act, 1951 and shall suffer consequences according to law. 14. the aforesaid suggestions made by the election commission would certainly mean that except certain modifications ..... the high court by judgment and order dated 2nd november, 2000 held that it is the function of the parliament to make necessary amendments in the representation of the people act, 1951 or the election rules and,therefore. court cannot pass any order, as prayed, for amending the act or the rules.4. however, ..... request of government of india, 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 (hereinafter referred to as 'the act'0 so as to make the electoralprocess more fair, transparent and equitable and to reduce the .....