Court : Delhi
Reported in : AIR2001Delhi126; 2000(57)DRJ82
..... candidates for elections to parliament and state legislatures are now required to file affidavits about their convictions in cases covered by section 8 of the representation of the people act, 1951, which disqualifies persons convicted of those specified offences. the commission also clarified that the conviction by the trial court itself is ..... much discussed concerns regarding the anti-social and criminal elements making inroads into the electoral and political fields and the need to amend the representation of the people act, 1951. the following excerpts from the publication turn the spot light towards the growing nexus between the political parties and anti social elements ..... print and electronic media for wide dissemination.'3. besides, the petitioner seeks a direction to the first respondent to amend the provisions of the representation of the people act, 1951, in consonance with the recommendations of the law commission contained in its 170th report. at this stage it will be convenient .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR4317; 2002(1)KarLJ279
..... by the improper reception of votes which is void; and (iii) by the non-compliance with the provisions of the constitution and the provisions of the representation of the people act, 1951 as also rules and orders made under the act'.it was, therefore, wrongly, found that in the absence of specific pleadings and full particulars ..... to incorporate the contents which are in the form of material facts. therefore, the application cannot be allowed. further, he contended that section 83 of the representation of the peoples act, 1954 (an 'act' in short) makes clear that corrupt practice have to be specifically pleaded by way of facts and particulars, vague allegations do ..... took place on 6-10-1999 by the returning officer, koratagere assembly constituency under section 100(1)(b) and (d)(ii), (iii) and (iv) of the representation of the people act, 1951.2. the petitioner-c. veerabhadraiah from the indian national congress (i), respondent 1-c. channigappa from the janatha dal (s), respondent 2-andanappa .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All113
..... discussed in thatcase on the basis of which the tribunal had heldthat there had been failure to comply with the requirements of section 117 of the representation ofthe people act. in the light of this impression,we questioned learned counsel for the parties whobad appeared before the election tribunal. shriiqbal ahmad, who has ..... truethat the tribunal made a reference only to thatpart of the decision in the earlier case where ithad been held that the requirements of section 117of the representation of the people act were ofa mandatory character. 1to us, however, it appeared that, in fact, thetribunal, when deciding the present case, reliedupon its decision in ..... 000/- deposited as security had been deposited in favour of the secretary, election commission. the tribunal held that the provisions of section 117 of the representation of the people act were mandatory and, since the receipt did not have inscribed on it the words 'in favour of the secretary, election commission,' there was non .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj249
..... election officer in each district by the election commission in consultation with the government of the state.53. sections 25 and 26(1) of the representation of the people act, 1951 runs as follows:'25. provision of polling stations for constituencies. the district election officer shall, with the previous approval of the election ..... return before the district election officer, udaipur? 4. (b) does it constitute a ground for setting aside the election under section 100 of the representation of the people act, 1951? 5. (a) was the returning officer of the aimer parliamentary constituency not authorised to administer oath to the respondent under article 84 ..... will the result of the election be effected? 2. (c) can the delimitation order. 1966 be challenged before this court in this election petition under the representation of the people act. 1951? 3. (a) whether the presiding and polling officers for bhim and kumbhalgarh constituencies were not appointed by district election officer ajmer? 3. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP226
..... the tribunal had by its order dated 24th september 1957 ordered that these allegations should be struck off. a bare perusal of section 100 of the representation of the people act clearly shows that corrupt practices committed with the consent of the returned candidate or his election agent or by any other person in the interests of ..... contended that jhandulal was really above 25 years of age and the rejection of his nomination paper brought the matter within section 100(1)(c) of the representation of the people act and the election was therefore void. if the nomination paper of jhandulal was wrongly rejected, then it is manifest that the election would be void ..... because section 100(1)(c) of the representation of the people act does not admit of any qualifications. the petitioner, however, failed because jhandu-lal's age was wrongly given by him. jhandulal was described as born .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H66
..... of the case, it appears to me that the learned election tribunal was wholly wrong in holding that the provisions of section 117 of the representation of the people act, 1951 were not complied with and in dismissing the election petition on this ground. the government treasury receipt enclosed with the petition clearly shows ..... that no other evidence except the depositreceipt itself could under the law be adduced andthat the receipt did not show that the provisions ofsection 117 of the representation of people act hadbeen complied with. against this decision thepresent appeal has been preferred. ;3. mr. harbans singh doabia counsel for the respondent has raised a ..... assembly from kaithal constituency had been dismissed on the ground that the election petition, did not comply with the mandatory provisions of section 117 of the representation of the people act, 1951.2. the above election petition challenging the election of shrimati om prabha jain was filed on the 24th of april, 1957. on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(14)SCALE199; 2007AIRSCW304; 2007AIRSCW304; (2006)13SCC353
..... those illegalities and irregularities had materially affected the result and the election of the returned candidate was required to be declared void under the provisions of the representation of the people act, 1951 (hereinafter referred to as 'the act') read with the conduct of the election rules, 1961 (hereinafter referred to as 'the rules'). ..... 2, 'political party' means an association or body of individual citizens of india registered with the commission as a political party under section 29a of the representation of the people act, 1951. the scheme of the symbols order shows that it does not deal with unregistered political parties. it deals with registered political parties by ..... the substitute candidate shall not be deemed to have been set up by that party for the purposes of the amended section 33 of the representation of the people act, 1951 and his nomination paper will be scrutinised by the returning officer having regard to the other provisions of that act.instructions were also .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker316
..... not always decisive, where the impugned order has been passed in the exereisc of power under article 324(1) of the constitution and section 153 of the representation of the people act, such an order relating, as it does, to election cannot be questioned except by an election petition under the act. if during the process of election ..... delhi, air 1978 sc 851, wherein it has been held that 'election covers the entire process from the issuance of the notification under section 14 of the representation of the people act to the declaration of the result under section 66 of the act.' applying the above ratio to the facts of the present case, there can be ..... alia that the instani writ petition is not maintainable as the petitioner has got an efficacious alternative remedy by way of election petition under section 80 of the representation of the people act and further, by virtue of the bar created by article 329(b) of the constitution of india the instant petition is not maintainable. the learned .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1626; [1966]3SCR543
..... of the part of the roll was not a complete copy of the part and therefore was not a compliance with the requirements of section 33(5) of the representation of the people act, no. 43 of 1950, (hereinafter referred to as the act). 3. the election tribunal seems to have taken the view that the copy filed along ..... the second point raised before us, namely, that the copy filed was not of the parliamentary (house of the people) constituency but of the assembly constituency. this contention also has no force. if we look at the representation of the people act, 1950 we find that part iii thereof provides for the preparation of electoral rolls for assembly constituencies. so ..... the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950.' therefore if a person is an elector in a parliamentary (house of the people) constituency and is not subject to any disqualification he can stand for election to the house of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj204
..... fact, defective, inasmuch as the said respondent had not appointed anybody including himself as his election agent, which was a mandatory provision of section 40 the representation of the people act, and, therefore, the declaration made in the nomination paper under section 33(3) that he had appointed himself as his election agent was not true ..... and that the declaration of appointment of self as election agent scribed on the nomination paper was a sufficient compliance of the provisions of section 40 of the representation of the people act, as held by the majority of the members of the election tribunal.5. respondent no. 3, lallu chand, also supported the judgment of the ..... were not correct.it was urged by the learned advocate general that the election petition was based on ground (c) of section 100 of the representation of the people act, and all that the election tribunal was authorised to enquire into was whether the rejection of the nomination paper as made by the returning officer .....
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