Court : Supreme Court of India
Reported in : AIR1970SC340; (1969)2SCC452; [1970]1SCR845
..... that constituency.(2) no person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the representation of the people act, 1950.(3) no person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one ..... gave a declaration to that effect.4. as seen earlier, the main contention in this appeal relates to the true effect of sub-section (3) of section 23 of the representation of people act, 1950 (to be hereinafter referred to as 'the 1950 act') which prohibits the deletion of any entry or inclusion of any name in the electoral roll of a ..... k.s. hegde, j.1. this appeal under section 116a of the representation of people act, 1951 (to be shortly referred to hereinafter as the act) is directed against the decision of the high court of punjab and haryana in election petition no. 1 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2533; (1970)2SCC825; [1971]1SCR804
..... election on the plea that the 1st respondent was not a member of a scheduled tribe and was on that account not qualified under section 5 of the representation of the people act. 1951 to be chosen to fill a seat in the legislative assembly of bihar from a reserved constituency for scheduled tribes. the high court dismissed the ..... exercise of the powers under article 342 of the constitution. bhaiya ram munda has appealed to this court under section 116a of the representation of the people act, 1951.2. section 5 of the representation of the people act. 1951 provides :a person shall not be qualified to be chosen to fill a seat in the legislative assembly of a ..... included in the general heading munda.32. decisions in support of the contention that the courts cannot allow evidence to be taken for proving that certain classes of people though not expressly designated in the presidential order were intended to be covered by the order may be briefly referred to. it may suffice to state however that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC522; (1969)2SCC634; [1970]1SCR894
..... publication is not tainted by corrupt practice, such an appeal will not be an infraction of the provisions as to corrupt practices as contemplated in the representation of the people act. suggestions that attempts are made to accentuate the differences between the hindus and harijans in the article cannot be extracted in isolation from the entire ..... secured 33,988 votes. the appellant challenged the election on grounds of corrupt practices as mentioned in sub-sections (2), (3) and (4) of the representation of the people act, 1951 (hereinafter referred to as the act).3. at the hearing of the appeal the appellant appeared in person after counsel on his behalf had obtained ..... at opehra polling station passed off peacefully and therefore no one stopped any voter from casting vote. manzoor ahmad in his oral evidence said that he saw people armed with lathis and ballams. he said that he made a complaint to the presiding officer and admitted in cross-examination that there was no written complaint. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1348; (1970)3SCC147; [1971]2SCR611
..... '. petitioner no. 2 objected to his withdrawal. the learned judge dismissed the application of petitioner no. 1 on the ground that section 110(1) of the representation of the people act, 1951, hereinafter called the 'act', dil not permit withdrawal by one petitioner without the consent of his co-petitioner. it has, however, been noted by ..... act to determine the validity or legality of an entry in an electoral roll we shall have to look at the relevant provisions of the act. the representation of the people act 1950, to be called the 'act of 1950' and the constitution. part ii of the act deals with the qualifications and disqualifications for membership ..... the act of 1950 was meant to provide for the allocation of seats and the delimitation of constituencies for the purpose of elections to the house of the people and the legislatures of states, the qualifications of voters at such elections, the preparation of electoral rolls ... and matters connected therewith.7. part iii thereof contains .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC211; (1969)1SCC601; [1969]3SCR813
..... narsinghpur and piparia on february 16, 1967 announcing the benefit of such exemption and that the respondent thus committed the corrupt practice under section 123(1)(a) of the representation of the people act, 1951. the evidence shows that the question of exemption of uneconomic holding from payment of land revenue was being agitated for some time past towards the close of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1889; (1969)2SCC533; [1970]1SCR886
..... .w. 1/1 was against the personal character of the appellant and therefore constituted a corrupt practice within the meaning of sub-section (4) of section 123 of the representation of the people act, 1951 (hereinafter referred to as the act). secondly, the religious head sat guru jagjit singh of the namdhari sect issued an appeal and a farman and thereby the ..... the auspices of his father ch. devi lal, he had been indulging in smuggling and today he is asking for votes in the name of his father. i hope the people will show the face of defeat to such ail obnoxious person. my election symbol is rising sun, put stamp only on that.yourslal chand khod,ellenabad constituency.17. ganga dhar .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC1024; (1969)1SCC408; [1969]3SCR417
1. this appeal under section 116a of the representation of the people act, 1951 arises from the decision in election petition no. 40 of 1967 on the file of the high court of judicature at allahabad. in that petition the appellant challenged .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC256; JT1999(8)SC432; 1999(6)SCALE703; (1999)9SCC386; [1999]Supp4SCR33
..... ? if so, towhat effect? .....opa.issue no. 6. whether the returned candidate has committed corruptpractices of undue influence as defined under section123(2) of the representation of people act, as allegedin para no. 1 l (a) to (0 of the election petition?...opa.issue no. 12. relief.5. the pleadings relevant to these ..... . whether the returned candidate is guilty of corruptpractices of bribery within the provisions of section123(1) and also alleged undue influence under section123(2) of the representation of people act, as allegedin paras nos. 8(a) to (c) of the election petition?...opa.issue no. 5 whether the returned candidate has incurred expenditureexcess than ..... rejected. the respondent was also guilty of various acts of commission and omission which amounted to corrupt practices within the meaning of section 123 of the representation of the people act, 1951 (hereinafter the act, for short) and therefore his election was liable to be declared void and set aside. the learned designated .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant61; ILR2000KAR4449; 2001(2)KarLJ577
..... i.e., the returning officer and the district election officer were responsible to conduct elections strictly in accordance with the constitution of india and the representation of the people act, 1951 as well as the rules and various orders issued by the election commission. these respondents, according to the petitioner, were involved in ..... shimoga parliamentary constituency. in the present election petition, he has been arrayed as respondent 5.4. i am advised to submit that section 82 of the representation of people act, 1951 (hereinafter referred to as the 'act') provides that a petitioner shall join as respondent to his petition (a) all the contesting candidates ..... is not whether the civil procedure code applies because it undoubtedly does, but only 'as far as may be' and 'subject to the provisions of the representation of the people act, 1951 and the rules made thereunder'. section 87(1) expressly says no. the question is whether the provisions of the civil procedure code can be invoked .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All587
..... by itself, shows that the deposit is in favour of the' election commission, so that the challan satisfied the requirements of section 117 of the representation of the people act.8. the only other point that remains relates to the rejection of the other objection raised by the present petitioner that the paragraphs containing allegations ..... by saying that, even 'if the payment to a person producing the authority of the secretary to the election commission under section 121 of the representation of the people act is opposed by the original depositor, the treasury officer must make the payment to the person who produces the authority.according to him, this ..... an end and the tribunal could not, therefore, exercise jurisdiction to restore the petition and start the trial afresh.the contention was that, under the representation of the people act, the jurisdiction of the tribunal was limited to trying a petition referred to it and once the trial is concluded, the tribunal becomes functus officio .....
Tag this Judgment!