Court : Kerala
Reported in : AIR1959Ker12
..... permissible that the legislature realising the difference between the two classes of cases has given legislative sanction to the view by amending 100 by the representation of the people (second amendment) act, 27 of 1956, and by going to the lengdi of providing that an improper rejection of any nomination paper is conclusive ..... period allotted on anyone day for polling at an election in a constituencyshall not be less than eight hours'.,and rule 22 (2) of the representation of the people(conduct of elections and election petitions) rules,1956 provides : 'the presiding officer shall close the pollingstation at the hour fixed in that behalf under ..... tellicherry, by its order dated the 16th september, 1957. it is the correctness of that order that is challenged by this appeal under section 116a of the representation of the people act, 1951.2. there were three contesting candidates, the petitioner (congress), the 1st respondent (communist) and the 2nd respondent (independent). the polling was .....
Tag this Judgment!Court : Mumbai Goa
..... . the administrative tribunal has considered the said provisions of articles 42 to 52 of the code. he has held that the dominant features present in the representation of people act are also present in the code. he observed that as regards the condonation of delay in matters of elections, provisions of the limitation are conspicuously ..... for election of managing committee, as stipulated in section iv of chapter ii (articles 39 to 72) of the code is similar to that stipulated in the representation of people act. in the circumstances above, as rightly contended by the learned counsel for the respondents, the code, insofar as the provisions of election is concerned, is ..... act has been kept out from the chapter of elections under the code. he read out sections 3 to 6 of chapter i of part ii of the representation of people act, 1951, which pertain to qualification for membership of parliament. then, he invited my attention to the provisions of chapter iii thereof which pertain to disqualifications .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi265
..... questioning the rejection of a nomination paper is 'questioning the election' within the meaning of article 329(b) of the constitution and sec. 80 of the representation of the people act, 1951.' it was also held :'where a right or liability is created by a statute which gives a special remedy for enforcing it, the ..... of n. p. ponnuswami (supra) observed as under: '.........inview of the provision of article 329(b) of the constitution and sec. 80 of the representation of the people act, 1951, the high court had no jurisdiction to interfere with the order of the returning officer.the word 'election' has by long usage in connection ..... elections. articles 327 and 328 deal with the first of these requisites, article 324 with the second and article 329 with the third requisite.................... ............. the representation of the people act, 1951, which was passed by parliament under article 327 of the constitution, makes detailed provisions in regard to all matters and all stages connected .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1969(1)LC72(SC)
..... the presiding officer was said to be in violation of the mandatory provision of rule 43 of the conduct of election rules 1961 and section 62 of the representation of the people act, 1951.10. under rule 43 it is obligatory on the presiding officer to close the polling station at the hour fixed in that behalf under ..... date of thepoll; neither did he know any body by the name of hiraman. hehad never addressed any crowd as alleged nor flourished a bundleof currency notes nor asked people to vote for the first respondentas alleged. rambharose, d.w. 6, professed to know both jogiramand bulakiram. he admitted that bulakiram was a polling agentin the village ..... the caste hindus. after about half an hour of the incident rambharose and bulakiram appeared on the scene, when the excitement had not abated. jogiram stated that the people supporting the congress had used their well and if the congress candidate was returned at the election he might get their women-folk molested by satnamis. jogiram also .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1406; 1984Supp(1)SCC104; [1984]3SCR554; 1984(16)LC955(SC)
..... by its aforesaid order, had stayed the issuance and publication of the notifications by the election commission of india under sections 30, 56 and 150 of the representation of people act, 1951. we had directed that the special leave petition should be listed before us the next day for considering whether the interim order should be confirmed.2 ..... that the commission had fixed a certain programme for holding the by-election to the taoru constituency. according to that programme, the notification under section 50 of the representation of the people act, 1951, was to be issued on april 18, 1984, the last date for filing nominations is april 25,1984, while the date of poll is ..... not justify the substitution by it of its own opinion for that of an authority duly appointed for a specific purpose by the law and the constitution. different people hold different views on public issues, which are often widely divergent. even the judges. a judge is entitled to his views on public issues but the question .....
Tag this Judgment!Court : Delhi
..... 10 of the election commission (conditions of service of election commissioners and transaction of business) act, 1991 and section 146b of the 1951 act, i.e. representation of people act, 1951, which gives complete autonomy to the eci to regulate its procedure for transacting its business and the decision could be taken unanimously or by majority ..... competent authority under the act cannot be granted leverage to proceed in an arbitrary manner without complying with the proviso to section 22 (c) of the representation of people act,1950, which requires a reasonable opportunity to a person of being heard. it was held that deletion was unsustainable because of procedural non-compliance and ..... do not find anything wrong in eci s taking the signed petition from mr. prashant patel on record for a number of reasons including section 146b of the representation of people act, 1951 ( 1951 act , for short), as per which, the eci can follow its own procedure. we would also reject the contention of the .....
Tag this Judgment!Court : Delhi
..... 10 of the election commission (conditions of service of election commissioners and transaction of business) act, 1991 and section 146b of the 1951 act, i.e. representation of people act, 1951, which gives complete autonomy to the eci to regulate its procedure for transacting its business and the decision could be taken unanimously or by majority ..... competent authority under the act cannot be granted leverage to proceed in an arbitrary manner without complying with the proviso to section 22 (c) of the representation of people act,1950, which requires a reasonable opportunity to a person of being heard. it was held that deletion was unsustainable because of procedural non-compliance and ..... do not find anything wrong in eci s taking the signed petition from mr. prashant patel on record for a number of reasons including section 146b of the representation of people act, 1951 ( 1951 act , for short), as per which, the eci can follow its own procedure. we would also reject the contention of the .....
Tag this Judgment!Court : Delhi
..... 10 of the election commission (conditions of service of election commissioners and transaction of business) act, 1991 and section 146b of the 1951 act, i.e. representation of people act, 1951, which gives complete autonomy to the eci to regulate its procedure for transacting its business and the decision could be taken unanimously or by majority ..... competent authority under the act cannot be granted leverage to proceed in an arbitrary manner without complying with the proviso to section 22 (c) of the representation of people act,1950, which requires a reasonable opportunity to a person of being heard. it was held that deletion was unsustainable because of procedural non-compliance and ..... do not find anything wrong in eci s taking the signed petition from mr. prashant patel on record for a number of reasons including section 146b of the representation of people act, 1951 ( 1951 act , for short), as per which, the eci can follow its own procedure. we would also reject the contention of the .....
Tag this Judgment!Court : Delhi
..... 10 of the election commission (conditions of service of election commissioners and transaction of business) act, 1991 and section 146b of the 1951 act, i.e. representation of people act, 1951, which gives complete autonomy to the eci to regulate its procedure for transacting its business and the decision could be taken unanimously or by majority ..... competent authority under the act cannot be granted leverage to proceed in an arbitrary manner without complying with the proviso to section 22 (c) of the representation of people act,1950, which requires a reasonable opportunity to a person of being heard. it was held that deletion was unsustainable because of procedural non-compliance and ..... do not find anything wrong in eci s taking the signed petition from mr. prashant patel on record for a number of reasons including section 146b of the representation of people act, 1951 ( 1951 act , for short), as per which, the eci can follow its own procedure. we would also reject the contention of the .....
Tag this Judgment!Court : Delhi
..... 10 of the election commission (conditions of service of election commissioners and transaction of business) act, 1991 and section 146b of the 1951 act, i.e. representation of people act, 1951, which gives complete autonomy to the eci to regulate its procedure for transacting its business and the decision could be taken unanimously or by majority ..... competent authority under the act cannot be granted leverage to proceed in an arbitrary manner without complying with the proviso to section 22 (c) of the representation of people act,1950, which requires a reasonable opportunity to a person of being heard. it was held that deletion was unsustainable because of procedural non-compliance and ..... do not find anything wrong in eci s taking the signed petition from mr. prashant patel on record for a number of reasons including section 146b of the representation of people act, 1951 ( 1951 act , for short), as per which, the eci can follow its own procedure. we would also reject the contention of the .....
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