Court : Patna
..... v. union of india and anr., (supra) this is stated very clearly; 'the disability which is imposed under section 62(5) of the representation of the people act is equally applicable to all persons similarly situate mentioned therein and they are even prevented from contesting the election or offering themselves as candidates for such ..... kumar shastri v. union of india and anr., the supreme court observe :-- 'the disability which is imposed under section 62(5) of the representation of the people act is equally applicable to all persons similarly situate mentioned therein and they are even prevented from contesting the election or offering themselves as candidates for ..... a politician with criminal antecedents, though to a certain extent they may suffer the situation. the law specifically provides for keeping criminals away from the representation of people, in the forums of legislature and parliament. if anyone has any suggestion that there is a pface for all in the legislature, then the court .....
Tag this Judgment!Court : Patna
..... case not true. remaining three cases were just instituted two days before on 16th june, 2003.5. my attention was drawn towards section 33 a of the representation of the peoples act, 1951 which reads as such:"33-a. right to information-- (1) a candidate shall, apart from any information which he is required to furnish, ..... procedure seeking quashing of first information report being dumra p.s. case no. 71 of 2005 dated 18th may, 2005 lodged under section 125a of the representation of the peoples act, 1951 and under sections 171(g), 177, 181, and 198 of the indian penal code.3. the relevant facts of the case is that ..... a candidate for election for local body constituency wherein as per requirement along with his nomination furnished the required details supported with affidavit. subsequently, one of the people lodged a complaint before the authority that in the affidavit, furnished by the petitioner, some required details were deliberately concealed as to pendency of four criminal cases .....
Tag this Judgment!Court : Patna
..... act, 2006 and the rules framed thereunder, there is no provision, which is akin to section 3 of the limitation act or section 86 of the representation of the people act, 1951 commanding the election tribunal constituted under the gram panchayat act either by express words or by necessary implication to dismiss the election petition filed beyond ..... to any other consequence.the said observations were rendered by the hon'ble supreme court, with reference to sub-section (5) of section 33 of the representation of the people act, 1951 which required the candidate to furnish the copy of the electoral roll so as to satisfy the returning officer that he was elector in another ..... this court in the case of birendra kumar and shambhu lal (supra) may have been rendered ignoramus of the provisions contained in section 86 of the representation of the people act, 1951 but in those judgments hon'ble single judge of this court having considered the different provisions of the gram panchayat act and the rules .....
Tag this Judgment!Court : Patna
..... of elections, is carried out by the designated officers of the state governments concerned. it is felt that the provisions of the representation of the people act, 1950 and the representation of the people act, 1951, in this regard should be clearly defined so that during the relevant period, these officers would, while discharging functions ..... below:-- 'the election law, so far as elections to the parliament and state legislatures are con-cerned is contained in the representation of the people act, 1950 and the representation of the people act, 1951. the former deals with the matters pertaining to elections prior to the stage of actual elections and the latter ..... (annexure-8) and he further stated that the power of the commission in this situation is circumscribed by the provisions of section 28a of the representation of the people act, 1951 (hereinafter referred to as the said act). the learned advocate general further stated that the communication of the election commission dated 24th .....
Tag this Judgment!Court : Patna
..... thereof are all circumscribed by the act. it was further held that limitation act cannot apply to proceedings like an election petition inasmuch as the representation of the people act is a complete and self-contained code which does not admit of the introduction of the principles or the provisions of law contained in the ..... swaraj system. most of the provisions relating to election and election petitions in the laws governing panchayats are pari materia with the provisions contained in the representation of the people act 1951. yet the procedural laws relating to panchayat elections and election petitions cannot be allowed to be interpreted with too much of rigidity and ..... section 29(2) of the limitation act. in our opinion however the limitation act cannot apply to proceedings like an election petition inasmuch as the representation of the people act is a complete and self-contained code which does not admit of the introduction of the principles or the provisions of law contained in the .....
Tag this Judgment!Court : Patna
..... being not properly filled up and suffered from incurable defect was fit to be rejected. the returning officer illegally and improperly and against the provision of the representation of the people act accepted his nomination paper. it has material the election and hence the election of respondent no. 1 is fit to be declaed as void under section ..... 100 of the representation of the people act, 1951 (hereinafter referred to as 'r.p. act').4. it is further averred that the result of election was also materially affected due to improper ..... agent and another person acquinted with the constituency would certainly facilitate the process of scrutiny. defects covered by provision to section 33(4) could easily be resolved if people authorised under section 36(1) of the act are present at the time of scrutiny....16. d.w.11 md. azimuddin is respondent no. 1. his evidence .....
Tag this Judgment!Court : Patna
..... practice. thus, the allegation made in the present election petition practically keeps outside the scope of corrupt practice as per proviso 7 of section 123 of the representation of peoples act. hence, when there is no allegation of corrupt practice then the question of making affidavit in form no. 25 does not arise and copy thereof ..... again when the election petition has not yet been disposed of as a whole.18. proviso to clause (c) of section 83(1) of the representation of the people act, 1951, needs that where the election petitioner makes allegation of corrupt practice then the petition shall be accompanied by an affidavit in the prescribed formi.e ..... ) is the election petition maintainable in its present form?(ii) whether the election petition barred for non-compliance of section 81, 82, and 83 of the representation of the people act 1951?(iii) whether the nomination papers of sri vijay kumar dev and sri haldhar soren were improperly rejected as alleged in the election petition and, if .....
Tag this Judgment!Court : Patna
..... had filled correct postal address. it is contended that there is definite purpose and object to electoral rolls published with reference to the provisions of the representation of the people act, 1951 and the nomination paper was duly filled in consistent with the particulars reflected in the electoral roll. the purpose of scrutiny is to ..... number. 5. sri p. chidambaram, learned senior counsel for the respondent no. 1 relied on the provisions contained in the constitution of india and representation of the people act with regard to qualification of the elector. he submitted that filing of nomination paper is to establish that the contesting candidate is qualified in all ..... hon'ble supreme court, this decision is distinguishable on facts, 11. qualification for membership of council of states is provided in section 3 of the representation of the people act, 1951 which provides as follows : 'a person shall not be qualified to be chosen as a representative of any state or union territory in .....
Tag this Judgment!Court : Patna
..... v. debi ghosal, the provisions of the code of civil procedure cannot be invoked to permit that which the representation of the people act does not. even if rule 7 of order vii of the code of civil procedure provides that in the plaint it shall ..... procedure apply to the trial of the election petitions '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'. as has been held by the apex court in air 1982 sc 983 (jyoti basu ..... counting of the ballots was done on 30-4-96. on conclusion of the counting of ballots in accordance with the system of proportional representation by means of single transferable vote, respondent no. 1 shankar dayal singh was found to have secured the highest number of votes. consequently ..... g.s. chaube, j. 1. by this petition under sections 80 and 81 of the representation of the people act, 1951 (hereinafter to be referred to as the act'), the election of respondent no. 1 (shankar .....
Tag this Judgment!Court : Patna
..... parkirya sahanhita, 1908 ke aadesh 6 men wihit riti se apne avhiwachanon ka satyapan karega.8. the corresponding provision is to be found in section 83 of the representation of the people act, 1951 (hereinafter called 'the r.p. act) on which the counsel for the petitioner relied heavily in support of his submissions.9. this court considers ..... 108 of the act. however, rule 108 or any other rule or section under the act does not contain provisions similar to section 83(b) of the representation of the people act.10. if the procedure applicable to an election petition under the act be that under the code of civil procedure, it will be only under the provisions ..... . act cannot be thrown out at the initial stage for alleged non-compliance of section 83 of the representation of the people act. there is no provision under the act or the rules similar to section 86 of the representation of the people act providing for dismissal of election petition for non-compliance of sections 81, 82 & 117 of the .....
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