Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 39 nomination of candidates at other elections Page 1 of about 632 results (0.230 seconds)

Gogineni Satyanarayana Rao Vs. T.S. Rao, District Panchayat Officer, K ...

Court : Andhra Pradesh

Reported in : AIR1960AP337

..... accords with our opinion. the question there was whether the returning officer could reject a nomination paper for non-compliance with the proviso to section 39(4) of the representation of the people act (xliii of 1951) by which the returning officer may, at the time of the presentation of the nomination paper, require the person presenting the same to produce either ..... writ petition in the view that since there was no provision for rejection of nomination papers for failure to comply with the proviso to section 39(4) of the representation of the people act, the he-turning officer has no power under the act to reject the nomination paper for non-compliance with the terms of the other provisions in the act .....

C. Kuppusamy Vs. Chief Election Commissioner, Election Commission of I ...

Court : Chennai

Reported in : 2007CriLJ3483; (2007)5MLJ67

..... of oath; that this respondent has not taken oath beyond two constituencies and an invalid nomination is not a nomination within the meaning of the representation of people act, 1951.17. the 7th respondent would further narrate a precedent wherein a candidate, who contested from the amethi parliamentary constituency in uttar pradesh, ..... the general election from more than two constituencies, she would prima facie appear to have violated the provisions of section 33(7) of the representation of the people act, 1951, for making false declaration before the returning officers of 66-bhuvanagiri and 191-pudukkottai assembly constituencies when she filed her nomination papers ..... filed her nomination papers in four assembly constituencies viz. andipatti, dharmapuri, bhuvanagiri and pudukkottai, in contravention of section 33(7)(b) of the representation of the people act, 1951, and had given declarations that she had not been or would not be nominated as a candidate for more than two constituencies, .....

A.K. Subbaraya Goundar Vs. Muthusami Goundar and ors.

Court : Chennai

Reported in : AIR1954Mad813; (1954)IMLJ191

..... petitioner was therefore declared elected as he was the only duly nominated candidate for the seat. the respondent thereupon filed an election petition under section 81, representation of the people act, 1951. the election tribunal held that the rejection of the nomination of the respondent was wrong and declared the election of the petitioner void. ..... 2. the following provisions of the representation of people act, 1951 and the rules framed thereunder are material for the disposal of this application. section 33, sub-section (3) is as follows: 'every ..... an election. he may appoint himself or some other person to be his election agent. the appointment has to be in writing. rule 4 of the representation of the people (conduct of elections and election petitions) rules, 1951, provides that every nomina-nation paper delivered under sub-section (1) of section 33 or under .....

Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal

Court : Supreme Court of India

..... 2017, are as follows: i. two election petitions were filed by the present respondents before the bombay high court under sections 80 and 81 of the representation of the people act, 1951, challenging the election of the present appellant, namely, shri arjun panditrao khotkar (who is the returned candidate [hereinafter referred to as the rc ..... the returned candidate - was a government servant, his nomination had been improperly accepted. the court held that the requirement of section 100(1)(d) of the representation of people act, 1951, being that the election can be set aside only if such improper acceptance of the nomination has materially affected the result of the election, ..... effect of not pleading or proving that the election had been materially affected by the improper acceptance of a nomination under section 100(1)(d)(i) of the representation of people act, 1951. after referring to durai muthuswami v. n. nachiappan and ors. 1973(2) scc45and jagjit singh v. dharam pal singh 1995 supp (1 .....

Thakur Virendra Singh Vs. Vimal Kumar

Court : Supreme Court of India

Reported in : AIR1976SC2169; (1977)1SCC718; [1977]1SCR525

..... jain. the respondent is, in the light of the aforesaid finding clearly guilty of committing the corrupt practice as mentioned in sub-section (4) of section 123 of the representation of the people act. when such a pamphlet is published by the returned candidate the only inference that can be drawn is that the publication was reasonably calculated to prejudice the prospects ..... jaswant singh, j.1. this appeal under section 116a of the representation of the people act, 1951 (hereinafter referred to as 'the act') is directed against the judgment and order dated april 26, 1974, of indore bench of the high court of madhya pradesh whereby .....

Venkat Ram Reddy Reddygari and Another Vs. Arikala Narsa Reddy and Oth ...

Court : Andhra Pradesh

Reported in : 2012(5)ALT499

..... this petition.) this election petition relates to the election of member of legislative council from 18-nizamabad local authority constituency, nizamabad and it is filed under the representation of people act, 1951. 2. reddygari. venkatram reddy, the petitioner herein, who lost the election by one vote, filed the present election petition. 3. in ..... the returning officers in the hand book. these instructions or guidelines according to the learned counsel appearing for the petitioner having been issued basing on the representation of people act, 1951, the conduct of election rules, 1961 and the judgments of the supreme court, are binding on the returning officers. chapter xii of ..... it is submitted that since the instructions have been issued in exercise of quasi-judicial power of election commission in terms of provisions of the representation of people act it was incumbent upon the returning officer to follow the instructions contained in the hand book. in the judgments 2 and 3 referred above .....

Krishnamoorthy Vs. Sivakumar and Ors.

Court : Supreme Court of India

..... the election commission is required to revise its instructions in the light of directions issued in assn for democratic reforms case and as provided under the representation of the people act and its third amendment." in resurgence india (supra), the aforequoted said paragraph has been explained thus: "the aforesaid paragraph, no doubt, stresses ..... ad hoc in nature, should be given due weight and substantial departure therefrom cannot be countenanced. xxx xxx xxx5) section 33-b inserted by the representation of the people (third amendment) act, 2002 does not pass the test of constitutionality, firstly, for the reason that it imposes a blanket ban on dissemination of ..... overdues of any public financial institution or government dues. (5) the educational qualifications of the candidate."15. after the said decision was rendered, the representation of the people (amendment) ordinance, 2002, 4 of 2002 was promulgated by the president of india on 24.8.2002 and the validity of the same was called .....

Dr. K. Annadani Vs. P.M. Narendraswamy and Others

Court : Karnataka

..... by undue influence of the returning officer in favour of the 1st respondent in counting of votes in contravention of the conduct of election rules and representation of the people act, etc.,? (vii) whether the petitioner proves that the petitioner secured more number of valid votes than the returned candidate - respondent no.1, ..... whether the petitioner proves that there was illegality and irregularity in counting of votes and postal ballot papers in contravention of the conduct of election rules and representation of peoples act etc., and has materially affected the result of the election? (v) whether the petitioner proves that he secured more number of valid votes i. ..... accepted. the nomination paper filed by the first respondent subscribed by only one proposer is not valid in law in terms of section 33 of the representation of people act, 1951 (for short hereinafter referred to as 'the act'). therefore, the nomination of the first respondent was improperly accepted by the returning officer .....

M.A. Muthiah Chettiar Vs. SA. Ganesan

Court : Chennai

Reported in : AIR1960Mad85

..... the corrupt practices set out in paragraph 6 the election of the respondent was liable to be declared void under s. 100(1)(a), (b) and (d) of the representation of the people act, 1951. these provisions run thus:'100. subject to the provisions of sub-sec. (2) if the tribunal is of opinion-- (a) that on the date of his election ..... , cleaning and so forth; and, but for this club-room,. they must have gone elsewhere; it was found more convenient to have this club-room; but the people who inhabited it were the people who were workers for the election; therefore, it seems to me that these were election expenses.'the noble baron also expressed the definite opinion that if a portion .....

Sathi Vijay Kumar Vs. Tota Singh and ors.

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 .....