Court : Chennai
Reported in : (1958)1MLJ139
..... the sattur constituency in the district of ramanathapuram. this is a single member constituency and 29th january, 1957, was fixed under section 30(a) of the representation of the people act for the filing of nominations. seven candidates duly filed their nominations. the date fixed for scrutiny under section 30(b) was 1st february, 1957 ..... each polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll. rule 13 of the representation of the people (conduct of election and election petitions) rules, 1956, contains the prescription referred to in section 46. it runs:13. appointment of polling agents.--(:) the ..... contest the election. the poll had been fixed for being taken on 6th march, 1957. under the procedure which prevailed before the amendments introduced by the representation of the people (second amendment) act (xxvii of 1956), all these five who had not withdrawn their nominations would have gone to the polls. a change was however .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H258
..... paragraph 18(a). in fact, it has onlybeen averred that the notice given by respondent no. 6 'was not as per the provisions of rules and law of the peoples representation act, 1951'. so far as respondent no. 6 is concerned, he has admitted the contents of paras nos. 7 and 18(a). the petitioner when he appeared its ..... it would be proper to consider it. first, the position of law.11. the counsel for the parties have referred to the provisions of s. 37 of the representation of the people act, 1951 (hereinafter referred to as the act) and rule 9 of the conduct of elections rules, 1961 (hereinafter referred to as the rules), these may be noticed ..... his notice the said act of the returning officer. the notice of withdrawal was in his handwriting and contained all necessary particulars as required under s. 37 of the representation of people act. he also asked the chief electoral commissioner to delete his name from the list of contesting candidates. 'mr. nasib singh did not campaign or canvass and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC43; (1975)1SCC76; [1975]1SCR918
..... the election process must, therefore, remain pure and unsullied and it has been the endeavour of our law makers to secure this by making various provisions in the representation of the people act, 1951. section 123, sub-section (1) (a) is one such provision. it must, therefore, doubtless be construed so as to suppress the mischief and ..... was offered with the object of inducing a person not to withdraw from being candidate at an election, it was not within the mischief of the section. the representation of the people (amendment) act 4 of 1966, therefore, added the words 'or not to withdraw' after the words 'to withdraw' in clause (a) and the words ..... solitary section, namely, section 123. sub-section (1) of that section defines the corrupt practice of 'bribery'. when section 55a was introduced in the act by the representation of the people (amendment) act 27 of 1956, sub-section (1) of section 123 was correspondingly amended and that sub-section, as amended, was in the following terms :123 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant18; AIR1968Mys18
..... in the employment of the state government, assistance in such a way as to amount to a corrupt practice under sub-section (7) of section 123 of the representation of the people act.(5) there were at the same election seven other candidates, namely, (1) basvantrao bullappamamle desai (2) ramchandra chikke patil (3) mallasarjagouda gurupadgouda patil ( ..... for the first respondent suffered from certain fatal infirmities.one of them is alleged non-payment of the deposit as required under s. 34 of the representation of the people act. the first respondent is an elector not in shiggaon constituency but in the chitradurga constituency. it was therefore necessary to produce before the returning ..... the name of the first respondent was enclosed with the nomination paper that the requisite sum had been duly deposited under s. 34 of the representation of the people act, that the first respondent did solemnly affirm in accordance with the law before him on 21-1-1967 before the scrutiny or his nomination .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom29; (1961)63BOMLR20; ILR1960Bom994
..... corrupt practice made against shri n.l. belekar, the candidate?(2) if so, whether the election petition is liable to be dismissed under section 90(3) of the representation of the people act, 1951, on account of the nonjoinder of this candidate as a party to the election petition'.20. in a judgment which is by no means remarkable for its ..... ii of the petition.10. in schedule i, he wished to add 'names of speakers who made the appeal or use referred to in section 123(3) of the representation of the people act' and among the names mentioned was at items 1 and 3 the name of n.l. belekar, the candidate who had withdrawn. in schedule ii, the petitioner ..... . we are concerned in this appeal with an election from the nagpur-umrer parliamentary constituency held to fill a casual vacancy in the house of the people as required by section 149 of the representation of the people act, 1951, (act no. 43 of 1951) (hereinafter referred to as the act).2. the following dates are material for the purposes of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1967]1SCR342
wanchoo, j. 1. this appeal on a certificate granted by the allahabad high court raises the question of interpretation of s. 82(b) of the representation of the people act, no. 43 of 1951, (hereinafter referred to as the act). the facts necessary for present purposes are these. in the election to the u.p. legislative assembly from dehra .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj166; 1980()WLN555
..... parties. in my considered opinion, only those persons could be impleaded as parties to the election petition as has been envisaged in section 82 of the representation of the people act, 1951. the president and the general secretary of the janata party are neither necessary nor proper parties to the election petition, and the petition ..... under article 324(1) the election commission cannot do something impunging upon the power of the president in making the notification under section 14 of the representation of the people act, but after the notification has been issued by the president, the entire electoral process is in the charge of the election commission and the ..... symbol and identity card bearing candidature of the janata party was also given to shri mohammad sayeed khan, the list published under section 37 of the representation of the people act, 1951, showing therein mohammad sayeed khan as the official candidate of the janata party, has been produced and has been marked as annexure 1. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC420; (1975)1SCC589; [1975]2SCR923
..... , if any, in the notice of withdrawal (document no. 6) ?(c) can these notices be said to be legally tendered as required by section 37 of the representation of the people act, 1951 ?(d) if not, its effect (e) has the acceptance of the withdrawal of the respondent no. 11 materially changed the election results ?10. (a ..... branded as untouchables who might still feel that the way to remove untouchability is not by changing one's religion. we have evidence in this case that people who claim themselves to have become buddhists have taken advantage of scholarships and other facilities granted by government to members of scheduled castes. whether such concession to ..... the vast majority it is likely to make very little difference. merely because in a public meeting dr. ambedkar and mrs. ambedkar and a large number of people openly got themselves converted to buddhism it does not automatically follow that all the members of the scheduled castes followed them in their footsteps. it does not even .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom356
..... motion, the following issue was directed to be tried as a preliminary issue:'whether the petition is liable to be dismissed under the provisions of section 86 of the representation of the people act, 1951, read with section 82(b) of the said act on account of the failure of the petitioner to join prof. sadanand varde as a party to the ..... rs. 75,910 and rs. 66,260 respectively for their election and thus exceeded the maximum limit of rs. 35,000 as laid down in section 77 of the representation of the people act, 1951 (hereinafter referred to as 'the said act') and that by doing so respondents nos, 1 and 2 have committed a corrupt practice under section 123(6) of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom277; (1952)54BOMLR137; ILR1952Bom785
..... court has no jurisdiction to entertain this petition. [2] in order to understand and appreciate the objection raised it is necessary, to look at the representation of the people act, 1951, which deals with elections to all the legislatures in the union of india. under section 17 notifications for elections to state legislative assemblies had ..... paper has been improperly accepted, as far as wrongful rejection of a nomination paper is concerned, substantially the right; of the petitioner is safeguarded under the representation of the people act. [6] but, in our opinion, even assuming our, jurisdiction to issue a writ under article 226 had not been affected by article 329, ..... us that the whole object of the constituent assembly in enacting part xv and the whole object of parliament in putting on the statute book the representation of the people act was to set up a machinery whereby elections would take place as far as possible within the time| schedule laid flown and without interference or .....
Tag this Judgment!