Court : Karnataka
Reported in : AIR2004Kant330; ILR2004KAR3574; 2004(4)KarLJ558
ORDERH.L. Dattu, J.1. 'Kannada Nadu Party' represented by its President Sri Rathnapal A. Shetti is the petitioner before this Court. In this petition filed under Articles 226 and 227 of the Constitution, petitioner seeks a writ of certiorari, to quash the impugned communication of the Election Commission of India to the petitioner bearing No. 56/54/ 2003/J.S.III/1376 dated 20-1-2004, wherein the Commission has rejected the request of the petitioner for allotment of common symbols for its candidates in the ensuing elections to the House of the People and Legislative Assembly of the State of Karnataka.2. On an application filed by the petitioner under Section 29-A of the Representation of the People Act, 1951, ('Act 1951' for short) for its registration as a political party, the Election Commission of India has registered the petitioner -- 'Kannada Nadu Party' as a political party for the purpose of the Act, 1951. The intimation of registration issued by the Election Commission to the pe...
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR96
K.J. Rohee, J.1. This is an election petition under Section 80 of the Representation of People Act, 1951 by an elector challenging the election of the returned candidate from 134-Nagpur East Legislative Assembly Constituency. 2. The facts which are undisputed can be stated thus:The Programme of General Election 2004 for Maharashtra Legislative Assembly was declared on 15.9.2004 as under:i) Last Date for submission of Nomination Papers 22.09.2004ii) Scrutiny of Nomination Papers 23.09.2004iii) Last Date for withdrawal of Nomination Papers 25.09.2004iv) Polling 13.10.2004.v) Declaration of Result 16.10.2004. 3. Shri Satish Jhaulal Chaturvedi (R-1) represented 134 Nagpur-East Legislative Assembly Constituency during the elections of 1980, 1990 and 1995 as the candidate of Indian National Congress. He had lost only one election of the year 1985 wherein he had contested as an independent candidate. On 22.9.2004 R-1 presented his nomination paper to the Returning officer of 134 -Nagpur East ...
Tag this Judgment!Court : Himachal Pradesh
T. Ramabhadran, J.C.(1) This is an appeal under Section 116A of the Representation of the People Act, 1951, by Dr. Y. S. Parmar, against the decision of the Election Tribunal, Himachal Pradesh, declaring his election to the Lok Sabha, from the Mahasu constituency, as void.(2) The appeal arises under the following circumstances: The election to the Lok Sabha from the double-member Mahasu Parliamentary constituency took place between 25th of May and 6th of June, 1957. One of the two seats was a general seat and the other was a reserved seat. Nomination papers were filed by ten candidates, including the parties to this appeal.Two of the candidates withdrew and, therefore, the ultimate contest was between eight candidates, including the parties to this appeal. The appellant, Dr. Y. S. Parmar and Shri Nek Ram were declared successful from the general and reserved seats, respectively. There was no dispute regarding, the election of the latter. The election of Dr. Y. S. Parmar was, however, c...
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All363
ORDERA.P. Srivastava, J. 1. This petition was heard on 12-2-62 and was dismissed. Detailed reasons for the decision were to be given later. I now proceed to give the reasons.2. The petition has been filed under Article 226 of the Constitution. The petitioner was a candidate for election to the Parliament from the constituency known as No. 57 Allahabad Parliamentary Constituency. He filed his nomination paper for the constituency before the Returning Officer but on an objection being raised the Returning Officer by an order dated 22-1-62 rejected the petitioner's nomination as invalid on the ground that the petitioner had not made the necessary deposit as required by Section 34(1)(a) of the Representation of the People Act 1951. The notification calling upon all Parliamentary constituencies, including the constituency in question, to elect members was issued under Section 14(2) of Representation of the People Act 1951 and was published; in the Government Gazette dated 13-1-62. The conse...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1995AP212; 1995(1)ALT121
ORDER1. In these two Writ Petitions, subtle but interesting proposition of law has fallen for consideration before this Court and, therefore, these two Writ Petitions are disposed of by a common judgment.2. Writ PetitionNo. 20130/94 is filed by a Telugu Desam Party candidate and petitioners in Writ Petition No. 20283/94 are the independent candidates who have filed their nominations to 163-Gorantla Assembly Constituency of Ananthapur District in Andhra Pradesh State.3. The facts which emanate from these two Writ Petitions are as under :- 4. The notification for General Elections to the Legislative Assembly for the State of Andhra Pradesh in terms of Clause (2) of Section 15 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') was issued by the Governor of Andhra Pradesh in Notification No. 597/ Elec. F/94, General Administration (Elec. F) Department, dated 1-11-1994 calling upon all the Assembly Constituencies in the State to elect members in accordance ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP530
Chandra Reddy, C.J.1. This is an appeal against the judgment of the Election Tribunal, Hyderabad, setting aside the election of the appellant, who was returned to the Andhra Pradesh Legislative Assembly in the general elections held in February 1962 from the Alampur Constituency (Mahaboobnagar District).2. The scat was contested by three candidates including the appellant and the respondents but the contest was keen between the appellant and the respondent. The polling was field on 22-2-1962. The appellant obtained 20,715 valid votes as against his nearest rival, the respondent, who secured 20,548 valid votes, the margin between the two being only 167.3. The respondent presented a petition under Section 81 of the Representation of the People Act, 1951 challenging Lie validity of this election and for a declaration that he was duly elected inter alia on the ground that the appellant got a drama 'Satya Harischandra' enacted on the 15th February 1962, a week before the polling day, 'A one...
Tag this Judgment!Court : Delhi
Reported in : 149(2008)DLT205; 2008(101)DRJ283
Pradeep Nandrajog, J.1. Jaspal Singh was a contesting candidate for the election to the Delhi Legislative Assembly held in December 2003. He contested from Tilak Nagar Assembly Constituency (AC-14). Sudarshan Khatri claims to be a voter in the said Assembly Constituency. One S. Ranjit Singh son of late Gopal Singh R/o 20B/78A, Tilak Nagar, New Delhi had filed a nomination paper to contest the ensuing elections from said Assembly Constituency. Vide order dated 15.11.2003 the returning officer rejected the nomination paper filed by S. Ranjit Singh by passing the following order:I have examined the nomination paper in accordance with Section 36 of The Representation of the People Act, 1951 and decided as follows:Nomination paper examined with its enclosures and following deficiencies noted:(i) Affidavit as prescribed by ECI not complete and not attested by Notary on all the pages and verification also unattested. (ii) In affidavit on form 26, candidate did not declare in para 2 whether he...
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj292
Bhagwati, J.1. Yesterday, on the conclusion of the arguments, we passed an order allowing the petition and making the rule absolute by issuing a writ of certiorari quashing and setting aside the order of the first respondent dated 12th January 1967. We now proceed to state our reasons for making the order.2. The Petitioner is the erstwhile Ruler of the quondam State of Wadhwan. Though according to the petitioner, he was ordinarily resident in Wadhwan, his name did not appear in the electoral roll for the Wadhwan Assembly Constituency and he, therefore, made an application to the Electoral Registration Officer for inclusion of his name in the electoral roll of the Wadhwan Assembly Constituency under Section 23 of the Representation of the People Act, 1950. The application was on a printed form which was supplied by the Electoral Registration Officer on a request being made in that behalf, and it was supported by one Trambaklal Mohanlal Dave, who was an elector on the electoral roll of t...
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom224
ORDER1. The petitioner in this election petition was a candidate for the election to the Maharashtra State Legislative Assembly from Barsi Constituency. The election was to be held in the month of Feb. 1978, The nominations were required to be filed by the candidates on or before 1-2-1978. Accordingly the Petitioner filed his nomination paper on 1-2-1978. Under Section 34(1)(b) of the Representation of the People Act, 1951, in the case of an election to the Legislative Assembly a candidate is required to deposit a sum of Rs. 250/-. However, if the candidate is a member of a Scheduled Caste or Scheduled Tribe, he is required to deposit a sum of Rs. 125/- only. The petitioner deposited the sum of Rs. 125/- on the ground that he belonged to a Scheduled Caste, namely Khatik community. When the nomination papers were scrutinised on 2-2-1978 the nomination of the petitioner was rejected by the Returning Officer, Barsi Constituency, who is the Respondent No. 2 herein, on the ground that the p...
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker190
M.S. Menon, Ag. C.J.1. The question referred for decision by the Division Bench hearing the Election Appeal relates to the finality of the electoral roll before an Election Tribunal. The question in -the words of the order of reference -- is whether in the-case of a person whose name appears in the electoral roll and who has exercised his vote, the Election Tribunal can go into the question whether or not who had attained the age of twenty-one on the qualifying date, and, on the finding Shat he had not. exclude his vote from the count, or whether under the scheme underlying the relevant provisions of the Constitution, of the Representation of the People Act, J.950, and of the Representation of the People Act 1951, the ques-tion of age is to be finally decided at the regis-tration so that capacity or incapacity on that account is conclusively determined by inclusion in or exclusion from the roll.2. The answer to the question depends essentially on the true scope and meaning of Article 3...
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