Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 19a delegation of functions of election commission Court: mumbai Page 1 of about 2 results (0.073 seconds)

Krishna S/O Panchamrao Khopade Vs. Satish S/O Jhaulal Chaturvedi and o ...

Court : Mumbai

Reported in : 2007(6)ALLMR96

..... order to fill up the vacuum left due to non-legislation by parliament. it is high time that the parliament should consider amending the representation of the people act, 1951 by incorporating disqualification of the candidate for furnishing wrong or incomplete information and suppressing material information about the assets and liabilities of ..... of india had 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 so as to make the electoral process more fair, transparent and equitable. the law commission made recommendation for debarring a ..... been materially affected. he submitted that the nomination paper filed by r-1 was rightly accepted by r-10. he submitted that neither the representation of people act, 1951 nor the rules, orders, instructions issued thereunder contained any provision regarding disqualification of a candidate due to filing of defective affidavit or .....

Ashok Shankar Gholap Vs. Krishnarao H. Deshmukh and anr.

Court : Mumbai

Reported in : AIR1980Bom224

..... of the election petition, which are required to accompany an election petition, were attested as provided under section 81 sub-section (3) of the representation of the people act, 1951, and thecourt came to the conclusion that the petitioner had substantially complied with the provisions relating to attestation of copies. this decision ..... department, namely the board department. the petitioner has, therefore, substantially complied with the requirements of section 81, sub-section (3), of the representation of the . people act, which lays down that every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition. there ..... on the back of the petition immediately after the endorsement of the master and assistant prothonotary, section 81, sub-section (3) of the representation of the people act, 1951 is as follows:'every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition .....

Dharmarao S/O Bhagwantrao Atram Vs. Returning Officer

Court : Mumbai

Reported in : (1980)82BOMLR544

..... decision of returning officer accepting or rejecting the nomination paperi have examined this nomination paper in accordance with section 36 of the representation of the people act, 1951, and decide as follows :date........ (returning officer)* score out the word not applicable.. (perforation)...receipt for ..... paper.16. before considering this argument, it would be worthwhile to enumerate the relevant provisions of the constitution and the representation of the people act, 1951. article 173 of the constitution, which prescribes qualification for membership of the state legislature, reads as follows ..... in the sironcha (scheduled tribe reserved) constituency of the maharashtra legislative assembly, has filed this petition under section 81 of the representation of the people act, 1951, challenging the election of respondent no. 2 penta rama talandi to the maharashtra legislative assembly from sironcha constituency, .....

Pannalal S.S. Vs. Hitendra Vishnu Thakur

Court : Mumbai

Reported in : 1996(4)BomCR74; (1996)98BOMLR218

..... that for want of particulars of corrupt practices, the petition is not maintainable and liable to be rejected at the threshold.section 83(1)(b) of the representation of the people act, 1951 reads as follows :---'83. contents of petition---(1) an election petition---(b) shall set forth full particulars of any corrupt practice that the ..... that though particulars are lacking in the election petition, he will furnish it by filing an application for amendment and placed reliance on section 86(5) of the representation of the people act, which no doubt provides for amendment of an election petition. he also relied on : [1971]1scr8 d.p. mishra v. kamal narayan sharma and ..... view of my conclusion that the election petition does not contain the necessary particulars as per the mandatory provisions of section 83(1)(b) of the representation of the people act, the election petition has to fail.there is also no sufficient material to show as to how the respondent's election has been materially affected .....

Samant N. Balakrishna Vs. George Fernandez

Court : Mumbai

Reported in : (1970)72BOMLR117

..... code of civil procedure can be invoked because section 87 makes the procedure applicable, as nearly as may be to the trial 6f election petitions, the representation of the people act itself enacts some rules which override the civil procedure code. general power of amendment or the power derived from the code of civil procedure must be taken to ..... than an election agent.29. having dealt with the substantive law on the subject of election petitions we may now turn to the procedural provisions in the representation of the people act. here we have to consider sections 81, 83 and 86 of the act, the first provides the procedure for the presentation of election petitions. the ..... separately in sub-paras. a to j. sub-paragraphs a to d dealt with the invalidity of the election for non-compliance with section 62 of the representation of the people act and articles 326 and 327 of the constitution. these concerned the secrecy of ballot (a), registering of some voters in two constituencies (b), omission of .....

Digambarrao Bindu Vs. Deorao Kamble

Court : Mumbai

Reported in : (1958)60BOMLR1065

..... to the reserved seat to contest the general seat as well, then no question of discrimination can possibly arise.13. having considered the relevant provisions of the representation of people act and the provisions of the constitution, we are of opinion that the tribunal was right in the decision that it came to and the challenge to the ..... not less then twenty-five and such qualifications as may be prescribed by or under any law made by parliament; and the representation of the people act has enacted section 4 which requires qualifications in the case of a reserved seat that he must be a member of the scheduled caste and ..... parliament commensurate with their population, and in order to carry out this object, as in the prevailing social conditions it may not be possible to obtain a proper representation for the members of the scheduled caste, the constitution has provided that seats should be reserved for the scheduled caste proportionate to their population. now, the reservation clearly .....

Shantaram Sitaram Chavan Vs. Khan Mohammed Araf Naseem

Court : Mumbai

Reported in : 2001(3)ALLMR8; 2001(2)BomCR557

..... a chamber summons bearing no. 289/2000 wherein the respondent has prayed to dismiss the election petition at the threshold without trial under section 86 of the representation of the peoples act. the chamber summons and the written statement, issues have been considered and the following order is passed?'the issue nos. (i) to (v) ..... for the respondent since he was muslim?xiii) whether the petitioner proves that the respondent has committed a corrupt practice under section 123(3) of the representation of people act, 1951?xiv) whether the petitioner proves that due to the said corrupt practice committed by the agent of the respondent with the consent of the ..... an agent and supporter of the respondent and with the consent of the respondent have committed corrupt practice under the provisions of section 123(4) of the representation of people act, 1951?xi) whether the petitioner proves that due to the corrupt practice committed by shri balasaheb mhatre with the consent of the respondent, the .....

Arif Ibrahim Choudhari Vs. Sau.Vahida Ayyaz Nayakwadi and Others

Court : Mumbai

..... incurs any of the disqualifications. such disqualifications are set out by section 16 of the representation of the people act, 1950. every person who is not less than 18 years of age on the qualifying date and ordinarily residing in the constituency shall be entitled to be ..... under section 16 of the representation of people act, 1950. 23. as far as 1950 act is concerned, it is apparent that a person shall be disqualified for registration in an electoral roll if he ..... for contesting the election is that such a person should be an elector for a constituency. the word elector has been defined in section 2(e) of the representation of the people act, 1951 to mean a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not disqualified .....

Ramesh Shankar More Vs. Ramesh Mataprasad Dube and ors.

Court : Mumbai

Reported in : 1991(1)BomCR649; 1991(1)MhLj81

..... declared to be duly elected. it is common ground that the first respondent has not till today filed a recrimination as contemplated under section 97 of the representation of people act. it may be convenient to reproduce section 97 which reads as follows :-'when in an election petition a declaration that any candidate other than the ..... of andheri constituency. this respondent relies upon the same when produced. the said video cassets were objectionable inasmuch as it offended the various provisions of the representation of peoples act in the sense that it sought to make an appeal in the name of religion.6. this respondent submits that the petitioner is one of the ..... to challenge the validity of the petitioner's election on the ground inter alia that he is guilty of corrupt practices. since section 97 of the representation of peoples act bars the first respondent from leading evidence in this behalf the averments contained in the aforesaid paragraphs are liable to be struck off.4. shri vashi .....

Yeshvantarao Balwantrao Chavan Vs. K.T. Mangalmurti and anr.

Court : Mumbai

Reported in : AIR1958Bom397; (1958)60BOMLR353; ILR1958Bom732

..... . but, in our view, what has been stated in that case with regard to election, may well apply to an election contemplated under the representation of the people act, 1951.9. the principal question which arises for decision is as regards the proper construction of the i expression 'all the contesting candidates' ..... according to the second respondent, materially affected the result of the election. further, he complained of non-compliance with the provisions of the constitution, the representation of the people act, 1951, and the rules and the orders made thereunder. the second respondent', therefore, claimed a declaration that the said election of the petitioner ..... withdrew his candidature before the date fixed for withdrawal and then the returning officer published a list of contesting candidates under section 38 of the representation of the people act. there is ho dispute that that list included the names of the petitioner, the second respondent and two other candidates viz., mahomed .....