Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 170 jurisdiction of civil courts barred Page 6 of about 353 results (0.080 seconds)

Ramanbhai Ashabhai Patel Vs. Dabhi Ajitkumar Fulsinhji and ors.

Court : Gujarat

Reported in : AIR1963Guj315

..... candidate and for prejudicially affecting the election of the other candidates and would constitute corrupt practice within the meaning of section. 123(3) of the representation of the people act, 1951.25. the next question that requires consideration is whether such corrupt practice has been committed by the swatantra party candidate or by ..... notification, the governor called upon all the assembly constituencies in the state of gujarat to elect members in accordance with the provisions of the representation of the people act, 1951, and rules and orders rnade thereunder. on the same day, another notification was issued under section 30 of the aforesaid act where ..... tribunal, is hereinafter referred to as 'the independent candidate.'2. on 13th january, 1962, a notification was issued under section 15(2) of the representation of the people act, 1951, directing that a general election be held for the purpose of constituting a new legislative assembly for the state of gujarat. by the said .....

Jyoti Basu and ors. Vs. Debi Ghosal and ors.

Court : Supreme Court of India

Reported in : AIR1982SC983; 1982(1)SCALE115; (1982)1SCC691; [1982]3SCR318; 1982(14)LC186(SC)

..... the questions 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 so. the question is whether the provisions of the civil procedure code can be invoked ..... a constitutency to elect a member or members right up to the final resolution of the dispute, if any, concerning the election is regulated by the representation of the people act, 1951, different stages of the process being dealt with by different provisions of the act. there can be no election to parliament or the ..... the action.3. to properly appreciate the rival contentions it is necessary to refer to the relevant provisions of the constitution of india ' and the two representation of the people acts of 1950 and 1951.4. first the constitution. part xv deals with elections. article 324 vests in the election commission the superintendence, direction and .....

Capt. Chanan Singh Sidhu Vs. the Election Commission of India, New Del ...

Court : Punjab and Haryana

Reported in : AIR1992P& H183; (1992)102PLR12

..... sodhi, j.'5. the learned counsel for the petitioner has raised the following two contentions: --(1) that the power conferred by s. 10a of the representation of the people on the election commission is a judicial/quasi-judicial power, and even if it is an administrative power, the rules of 'natural justice necessitate the holding of ..... 1961 (hereinafter referred to as 'the rules'). the relevant statutory provisions as contained in the act and the rules are reproduced below for facility of reference.representation of the people act, 1951 '77. account of election expenses and maximum thereof.-- (1) every candidate at an election shall, either by himself or by his election ..... 1989, the result was declared, but the petitioner lost the election. still, according to the statutory provisions contained in ss. 77 and 78 of the representation of the people act, 1951 (hereinafter called 'the act'), he was required to keep a separate account of all the expenditure incurred by him in connection with the .....

The Jammu and Kashmir Sharnarthi Action Committee and ors. Vs. State o ...

Court : Jammu and Kashmir

Reported in : AIR1997J& K15

..... be elected.13. therefore when we consider both the provisions of section 6 of the constitution of jammu and kashmir vis-a-vis the above provisions of the representation of people act, 1957, unless the writ petitioners (appellants) either continue to be residents of that area which is now called pok area and continue to enjoy the ..... the objectors and persons interested in the matter, has refixed the number of seats at 75 in compliance with the requirements of the relevant provisions of the representation of people act, 1957 act. that act of re-fixation of the number of seats in regard to delimitation of constituencies in the state of jammu and kashmir is ..... figures furnished by the writ petitioners at their face value to be correct.4. indeed the petitioners have sought for quashing section 3(2) of the representation of the people act for the reasons set out in the grounds. a prayer is sought for prohibiting the respondents from accepting the report of the delimitation commission or a .....

Dr. P. Nalla Thampy Terah Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622

..... for a parliamentary constituency and an assembly constituency in respect of various states and the union territories. clause (6) of section 123 of the representation of the people act has specifically included the incurring or authorizing of expenditure in contravention of section 77 as a corrupt practice, which, if established, would not ..... the candidates against whom election petitions are pending, it became urgently necessary to clarify the intention underlying the provisions contained in section 77 of the representation of the people act, 1951, namely, that in computing the maxi mum amount under that section any expenditure incurred or authorized by any other person or ..... political parties should be further strengthened in the manner indicated by it in paragraph 13.18.11. in england, before the passing of the representation of the people act, 1949, the view had been expressed that expenses incurred without the authority of the candidate or election agent for promoting or procuring the .....

Brojo Gopal Das and ors. Vs. Kalipada Banerjee and ors.

Court : Kolkata

Reported in : AIR1960Cal92

..... void. the respective appellants are sri brojo gopal das, and sri nirmal chandra das, two or the persons who were substituted under section 116 of the representation of the people act, 1951, in place of the original contesting respondent before the tribunal, namely, sri biren roy, who was the successful candidate at the above election, ..... moreshwar parashram, : [1954]1scr817 , until such payment was made, the contracts must be held to have been subsisting for purposes of section 7(d) of the representation of the people act, 1951. the answer to this question also must, therefore, be in the affirmative, as correctly given by the tribunal. on this part of the case, ..... on behalf of the petitioners by sri ashoke krishna dutt. the statute requires authority in writing for such presentation (vide section 81(2)(ii) of the representation of the people act, 1951) and there is no such direct authority on the present record. accordingly, the point is taken that the petition was not duly presented. .....

T.K. Kodandaram Vs. the Election Commission of India Rep. by Its Secre ...

Court : Andhra Pradesh

Reported in : 1994(3)ALT525

..... legislature of any state, vests in the election commission of india as provided by article 324 of the constitution. under the representation of people act, 1950, as also the representation of people act, 1951, the principles enshrined in the constitution with regard to elections to parliament and state assemblies have not been departed ..... contention raised by the learned counsel for the appellant, a look at the constitutional provisions as also the provisions contained in the representation of the people act, 1950 and representation of the people act, 1951, including the rules made thereunder, is necessary.7. article 79 of the constitution provides that there shall be ..... thereof. once a notification is issued, it becomes the duty of the registration officer to issue to every elector an identity card.15. representation of the people act, 1951 has been enacted to provide for the conduct of elections to parliament and the state assemblies, the qualifications and disqualifications for membership .....

Desiya Murpokku Dravida Kazhagam Vs. Election Commission of IndiA.

Court : Supreme Court of India

..... party to be an association of a body of individual citizens of india, registered with the commission as apolitical party under section 29-a of the representation of the people act,1951, which as mentioned herein earlier, deals with registration of association of bodies as political parties with the election commission.ms. arora submitted that ..... writ petitioners, ms. meenakshi arora, learned advocate, appearing for the election commission of india, submitted that section 29-a contained in part 4a of the representation of the people act, 1951, provided a complete procedure as to the manner in which political parties were to be registered. part vof the act deals with conduct of ..... a pre-condition for recognition. accordingly, by virtue of powers conferred on it by article 324 of the constitution, read with section 29a of the representation of the people act, 1951 and rules 5and 10 of the conduct of election rules, 1961 and other powers vested init, the election commission of india made and .....

Shri Baburao Patel and ors. Vs. Dr. Zakir HusaIn and ors.

Court : Supreme Court of India

Reported in : AIR1968SC904; [1968]2SCR133

..... 'direct or indirect' have been added to indicate the nature of interference. it will be seen that if anything, the definition of 'undue influence' in the representation of the people act may be wider. it will therefore be useful to refer to cases under the election law to see how election tribunals have looked at the matter while considering ..... ask the electorate to vote for his party without interfering with any electoral right and such declarations on his part would not amount to undue influence under the representation of the people act. the fact that such a leader happened to be a minister or chief minister of the state would make no difference. it was further observed ..... the members of the congress party to support the candidates set up by the party would not amount to undue influence within s. 123(2) of the representation of the people act.' it was added that it was only where a minister abused his position for furthering the prospects of the candidate belonging to his party that undue .....

Krishnarao Balwantrao Udar Vs. Patesingh Gemalsing Rana and ors.

Court : Gujarat

Reported in : (1964)5GLR536

..... the negative aspect of one and the same subject viz. the number of nomination papers which can be subscribed to by a voter. these provisions of the representation of the people act were considered in a number of election petitions by different tribunals in india. it is true that the decisions of these tribunals are not binding authorities ..... is registered in the electoral roll of the constituency and who is not subject to any disqualification mentioned in section 16 of the representation of the people act 1950 (xliii of 1950) may subscribe as proposer or seconder as many nomination papers as there are vacancies to be filled but no more.under section ..... that of hughes was invalid.16. as regards the indian statutes the provisions similar to the provisions with which we have to deal were set out in the representation of the people act 1951 before its subsequent amendment. under sub-section (2) of section 33 it was provided in that act as follows:(2) any person whose name .....