Court : Supreme Court of India
..... latter falls in the exclusive domain of the affairs of the state. this is also clear from sub-section (3) of section 123 of the representation of the people act, 1951 which prohibits an appeal by a candidate or his agent or by any other person with the consent of the candidate or his election ..... , among others, (a) to abide by the constitution and respect its ideals and institutions, (b) to promote harmony and the spirit of common brotherhood, among all the people of india, transcending, among others, religious and sectional diversities, (c) to value and preserve the rich heritage of our composite culture, (d) to develop scientific temper, ..... of secularism as accepted by our constitution. our constitution does not prohibit the practice of any religion either privately or publicly. through the preamble of the constitution, the people of this country have solemnly resolved to constitute this country, among others, into a secular republic and to secure to all its citizens (i) justice, social, .....
Tag this Judgment!Court : Supreme Court of India
..... . (2) the legislature of a state may, by law, provide- (a) for the representation in a municipality of- (i) persons having special knowledge or experience in municipal administration; (ii) the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or partly ..... in clauses (i), (ii), (iii) and (iv). article 243r(2)(a)(i) provides that the legislature of a state may, by law, provide for the representation in a municipality of persons having special knowledge or experience in municipal administration. however, the proviso to clause (2) clearly specifies that the persons who are referred to ..... of the act is a law as contemplated by article 243r. in terms of clause (2) of article 243r, section 3(3)(b) provides for the representation in the municipality of persons who have special knowledge or experience in municipal administration. these persons are nominated by the administrator. however, in terms of the proviso .....
Tag this Judgment!Court : Supreme Court of India
..... 14 of the constitution of india; (p) consolidation of all the delimitation orders was already made by the election commission in accordance with section 9 of the representation of the people act, 1950; (q) articles 2 to 4 of the constitution are subject to other provisions of the constitution and the provisions of the said articles cannot override ..... central enactments incorporated in table-1 of the fifth schedule to the j&k reorganisation act became applicable to the union territory of j & k; (f) the representation of the people act, 1951 (for short the rp act of 1951 ) was not applicable to the elections to fill in the seats in either house of parliament in the state ..... made applicable to both the newly created union territories. prior to that, the jammu and kashmir representation of the people act, 1957 (for short j&k r.p20act ) was applicable to the state. we may note here that as the representation of the people act, 1950 (for short the rp act of 1950 ), was applicable to the state of .....
Tag this Judgment!Court : Supreme Court of India
..... of the high court; (f) under section 16 of the representation of the people act, 1950 (43 of 1950) in regard to registration as a voter; (g) under sections 3 and 4 of the representation of the people act, 1951 (43 of 1951) with regard to the ..... eligibility for being a member of the house of the people or of the council of states, as the case may be; (h) ..... under sections 5, 5a and 6 of the representation of the people act, 1951 (43 of 1951) with regard to the eligibility ..... relating to such legitimate expectation . within the conspectus of fair dealing in case of legitimate expectation , the reasonable opportunities to make representation by the parties likely to be affected by any change of consistent past policy, come in. we, have not been shown any .....
Tag this Judgment!Court : Supreme Court of India
..... chandrachud, cji1the petitioner has invoked the jurisdiction of this court under article 32 of the constitution to challenge the constitutional validity of section 33(7) of the representation of the people act 19511. 1 act of 1951 wpc9672017 2 2 apart from the above challenge, the petitioner seeks a direction to the central government and the election ..... to contest from more than one constituency for the same office simultaneously. the petitioner urges that the law commission in its 255th report had opined that the representation of the people act 1951 should be amended to provide that a person should not be permitted to contest from more than one seat at a time. 5 we ..... exchequer for holding a bye-election, it has been urged that the electorate which has cast its vote in favour of a candidate on the basis of the representations which were held out during the course of campaigning would be deprived of being represented by that candidate for the parliamentary or, as the case may be, .....
Tag this Judgment!Court : Supreme Court of India
..... for the implementation, on various grounds. in order to resolve the continuing impasse, the then union minister for finance, in june 2004 constituted a committee having representation from the government of sikkim as well as the central government. during the course of deliberations of the said committee, the then chief secretary, government of ..... of the proviso to section 10 (26aaa) and explanation thereto introduced to the i.t. act, 1961 through the finance act, 2008 by which sikkimese (people from sikkim state) are purportedly exempted from payment of income tax. they have further sought a direction to the respondents to extend the exemption granted under section ..... citizens of india by the sikkim citizenship 10 amendment order 1989. clause 26aaa to section 10 of the income tax act, 1961 granted an exemption to "sikkimese" people. however, the explanation to clause 26aaa defined the term "sikkimese" as follows:"for the purposes of this clause, "sikkimese" shall mean:- (i) an individual, .....
Tag this Judgment!Court : Supreme Court of India
..... (both for union and states) specifically lays down that the code is in addition to the . . . observance of the provisions of the constitution, the representation of the people act, 1951 . therefore, a constitutional functionary is duty bound to act in a manner which is in consonance with this constitutional obligation of the state. question ..... for ministers (both for union and states) specifically lays down that the code is in addition to the observance of the provisions of the constitution, the representation of the people act, 1951 . therefore, a constitutional functionary is duty bound to act in a manner which is in consonance with the constitutional obligations. 10.5. ..... intimidation with intent to humiliate a 48 member of a scheduled caste or tribe in any place within public view. vi) section 8 of the representation of the people act, 1951 disqualifies a person from contesting elections if he is convicted for indulging in acts amounting to illegitimate use of freedom of speech and .....
Tag this Judgment!Court : Supreme Court of India
..... the decision making process of the government. a parliament is often referred to as a nation in miniature ; it is the basis for democracy. a parliament provides representation to the people of a country and makes their voices heard. without a parliament, a democracy cannot thrive; every democratic country needs a parliament for the smooth conduct of its ..... by it. (3) any person, aggrieved by the refusal of the reserve bank to credit the value of the notes under sub-section (2), may make a representation to the central board of the reserve bank within 244 fourteen days of the communication of such refusal to him. explanation. for the purposes of this section, the ..... counsel submits that, after returning to india on 3rd february, 2017, and relying on the assurance given by the hon ble prime minister of india, he made a representation to the rbi for exchange of the currency notes in his possession. however, the same was not considered, thus constraining him to file a writ petition (i.e. .....
Tag this Judgment!Court : Supreme Court of India
..... involvement in a criminal case . the high court reasoned (i) that insofar as elections to the state assemblies and parliament are concerned, section 33a of the representation of the people act, 1951 requires the disclosure of only those convictions where a sentence of imprisonment for one year and more had been imposed; and (ii) but that the ..... , by its judgment dated 02.11.2000, that it is the function of the parliament and not that of the court, to make necessary amendments in the representation of the people act, 1951, the delhi high court nevertheless issued a direction to the election commission to secure to the voters, the following information, from the contesting candidates: ..... the insertion of clause (1 a) in section 52 and the insertion of clause (ca) in sub section (1) of section 102.27. in the representation of the people act, 1951 as well as the tamil nadu panchayats act (out of which the decision in krishnamoorthy arose) the candidate challenging an election had to rely upon .....
Tag this Judgment!Court : Supreme Court of India
..... respectively.3. succinctly stated, the facts giving rise to the instant appeal are as under:3. 1. a notification was published under section 15 of the representation of people act, 1951(hereinafter referred to as r.p. act), notifying the election of uttar pradesh state legislative assembly, inter alia, from 34 suar constituency, district ..... suar assembly constituency of district rampur, as void and consequently came to be set aside. factual background of the case 1 2. the notification under the representation of the people act, 1951 (hereinafter referred to as the act 1951 ) was notified for holding election of u.p. state legislative assembly from 34, suar, district ..... azam khan .appellant(s) versus nawab kazim ali khan .respondent(s) judgment rastogi, j.1. instant appeal has been filed under section 116a of the representation of people act, 1951 assailing the judgment and order dated 16th december, 2019 passed by the high court of judicature at allahabad, holding the election of the returned .....
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