Court : Orissa
Reported in : AIR1958Ori228
..... 'or withdrawal of any candidate' make the meaning clear. in our opinion, the statement to come within the meaning of section 123(5) of the representation of the people act, 1951 it must relate to the right or the qualifications or the factum of the candidate as such.'i am accordingly of the view that the ..... appeal is against the order of the election tribunal (mr. t. v. rao, district judge puri) passed on a petition filed under section 81 of the representation of the people act, 1951, (hereinafter called the act) by a defeated candidate, shri banamali patnaik for the orissa legislative assembly from the khurda constituency during the elections held in ..... not faithfully reproduced in the list of particulars some important words having been omitted from the same deliberately and that it was only an exhortation to the people to choose party candidates who have laid their election manifesto before their electorate in preference to the independent candidates who have no such manifesto of their .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori1; 1964CriLJ57
..... were fully disclosed in the election petition and whether the appellant was prejudiced by the non-disclosure, if any, as required by section 83(1)(b) of the representation of the people act, 1951.8. the relative status and attainments of the appellant and the petitioner may now be noticed. though the appellant is a scion of one of the ..... would be committing sacrilege to the deity. such a propaganda would come within the scope of the second proviso to sub-section (2) of section 123 of the representation of the people act 1951. it would also amount to an election offence under section 171f read with section 171c of the indian penal code and section 508 of that code ( ..... the forehead and with nila chakra painted on both sides of its temple would all come within the scope of sub-section (3) of section 123 of the representation i of the people act. this would not be an offence under the indian penal code.12. to prove the corrupt practice falling under the first category the petitioner relied on .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori260
..... this appeal against the judgment of the election tribunal (shri t. v. rao, district. judge, puri) dismissing his application under section 81 of the representation of the people act, 1951 (hereinafter called the act) for declaring void the election to the orissa legislative assembly of raja bahadur kishore chandra deo bhanj o daspalla, ..... sic) the legislature had really intended to restrict only government servants, a clear provision would have been made in the later enactment, i. e., representation of the people act, 1951, that servants of autonomous bodies like the panchayats created under the uttar pradesh panchayat raj act, 1947, would not come within the purview ..... of section 123(8) of the representation of the people act, 1951.'mr, mohapatra contends that these observations of the tribunal are authorities for the proposition heis contending for, especially in view of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori8
..... that the evidence of these witnesses should not have been rejected merely because they are either workers or members of the appellant's party, inasmuch as the representation of people act itself authorises a candidate to engage workers orpolling agents to actively canvass on his behalf. there might have been some force in this argument if, from ..... he showed this note to his lawyer when the election petition was being drafted. clause (b) of sub-section (1) of section 83 of the representation of the people act expressly says that an election petition shall include as full a statement as possible of the names of the parties alleged to have committed such corrupt ..... the election was on the ground that the respondent was guilty of commission of corrupt practice as described in sub-section (4) of section 123 of the representation of the people act, 1951. it was alleged that the respondent got printed and widely circulated a leaflet in oriya with the heading 'voter mananka prati chetabani' (a .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori87
..... nomination of sri gadi nara-yanamurty but that they were challenging the revised electoral roll in contravention of the provisions of r. 22 of the representation of the people (preparation of electoral rolls) rules.this argument cannot, however, bear scrutiny. the time for challenging the validity of the revised electoral roll had ..... right to exercise their franchise provided their names are found in the electoral roll of their constituency. if they are deprived of this right the representation of the people (preparation of electoral rolls) rules prescribe the necessary procedure for rectifying the omission. but the petitioner's right to vote for a particular candidate ..... subsequent to the draft publication of the electoral roll on the 7th august, 1952, to have their names included into. rule 10 of the representation of the people (preparation of electoral rolls) rules 1950 lays down that simultaneously with the draft publication of the electoral roll, a notice shall be published calling .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori184
..... of an election petition. the actnowhere designates the special mode of presentation. orissa high court has framed certain rules to regulate the proceedings under the representation of the people act, 1951 (act 43 of 1951). rule 4 of the high court rules provides that:-- 'every election petition accompained by copies as prescribed under ..... act. regarding applicability of limitation act, the learned judges observed--'.........the limitation act cannot applyto 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 ..... petition without authority of law? if so, has the petition become invalid, infructuous and liable to be dismissed under section 86(1) of the representation of the people act, 1951? (14) whether the relief claimed by the petitioner has become infructuous on account of the dissolution of the orissa state legislative .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori47
..... calling in question the election of the congress candidate on the grounds of alleged bribery and undue influence under section 123 (1), (2) of the representation of the people act, 1951 (hereinafter referred to as the said act) and alleged contravention of section 77 of the act in not including some expenses in the ..... could not but selectthe candidate proposed beforehand. so many ofthe people of banki-baideswar were wounded atthis and set you up as an independent candidatefor the ensuing election. as it is observed from the present circumstances it ..... said letter (ext. 1).15-2-57banki 'dear sriman dasarathi babu you are one reputed and illustrious person ofbanki-baidyeswar p.s. many of the people ofbanki-baideswar locality appealed to tile authoritiesto set you as a congress candidate being attractedat your nobility and selfless service. but as thisappeal reached them late they .....
Tag this Judgment!Court : Orissa
Reported in : AIR2001Ori24
..... 1998, calling upon the members of the electoral college of some of the states to elect members to the rajya sabha in accordance with the provisions of the representation of the people act, 1951 (for short 'the act'). pursuant to the aforesaid presidential notification, the election commission by its notification dated 30-5-1998 called upon the elected ..... strictly conform to the requirements of the law. though the purity of the election process has to be safeguarded and the court shall be vigilant to see that people do not get elected by flagrant breaches of law or by committing corrupt practices, the setting aside of an election involves serious consequences not only for the ..... be interpreted to be a restriction for practice before any authority and it does not refer to the functioning or performance of a member of the house of people or council of states, i.e. parliament the decisions cited by the petitioner in support of his contention are on different context and have no relevance so .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori44
..... c.j.1. alleging that by allotment of symbol i.e. 'conch' to biju janata dal, a recognised state party, there has been violation of various provisions of the representation of the people act, 1951 (in short 'the act') and the election symbols (reservation and allotment) order, 1968 (in short 'the order'), this writ petition has been filed.2. the ..... 17 of the order. petitioner had earlier filed o.j.c. no. 1119 of 1998 which was disposed of with direction to election commission of india to deal with representation filed by the petitioner vide annexure, the objection regarding allotment of symbol to biju janata dal has not been accepted.3. petitioner's case is that once symbol was ..... s.o. 2959 dated 31-8-1968 shows that the purpose of making the order was to provide in the interest of purity of elections to the mouse of people and legislative assembly of every slate and in the interest of the conduct of such election in a fair and efficient manner for the specification, reservation, choice and .....
Tag this Judgment!Court : Orissa
Reported in : AIR1991Ori231
..... on 27-2-1990 for the orissa legislative assembly is the petitioner invoking the jurisdiction of this court under section 81 read with sections 100 and 101 of the representation of the people act, 1951 (hereinafter referred to as the 'act') praying therein to declare the election of respondent no. i as void and to declare the petitioner to have been duly .....
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