Judgment Search Results Home > Cases Phrase: representation of the people act 1951 section 8a disqualification on ground of corrupt practices Page 1 of about 51 results (0.163 seconds)

Kallara Sukumaran Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1986Ker122

..... in that behalf under clause (a). it is agreed that the only law so made by the parliament as visualised in clause (e) is the representation of the people act, 1951. the corrupt practices and other grounds of disqualification are referred to in sections 8, 8a, 9, 9a and 11a of that act. ..... india 'to uphold and protect the sovereignty, unity and integrity of india' and 'to promote harmony and the spirit of common brotherhood amongst all the people of india transcending religious, linguistic and regional or sectional diversities.....'the anxiety of any citizen, including the appellants-petitioners, to safeguard the future of the nation ..... to an informed, civically militant electorate. in a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people's representatives.'13. in this connection, the following passage dealing with disqualification of members of houseof commons (as contained in desmith's judicial review of administrative .....

Anoop Baranwal Vs. Union Of India Ministry Of Law And Justice Secretar ...

Court : Supreme Court of India

..... electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 1950 (43 of 1950) . under part ii, chapter i deals with qualifications for membership of parliament. chapter ii deals with qualifications for membership ..... roll, if he is disqualified under any law relating to corrupt practices or any other offence in connection with elections.118. in 1951, parliament enacted the representation of the people act, 1951 (hereinafter referred to as, the 1951 act ). 158119. thereunder, the word election has been defined in section 2(d) to mean an ..... to with reference to article 326, the person becomes entitled to be registered as a voter.113. accordingly, it is that parliament enacted in 1950, the representation of peoples act, 1950 (hereinafter referred to as the 1950 act ). part iii provides for electoral rolls for assembly 155 constituencies. section 14(b), as substituted w. .....

Shrikant Vs. Vasantrao and ors.

Court : Supreme Court of India

Reported in : AIR2006SC918; 2006(2)ALT44(SC); (2006)108BOMLR320; JT2006(1)SC394; 2006(2)MhLj1; 2006(I)OLR(SC)393; 2006(1)SCALE344; (2006)2SCC682; 2006(1)LC357(SC)

..... on the grounds of equity or logic or perceived legislative intention. a combined reading of article 191 of the constitution of india and chapter iii of the representation of the people act, 1951 makes it clear that a person can be held to be disqualified for being chosen as, and for being, a member of the legislative ..... is not generally permissible.we think that the language as well as the legislative history of articles 171 and 173 of the constitution and section 6 of the representation of people act, 1951, enable us to presume a deliberate omission of the qualification that the representative of the graduates should also be a graduate. in our opinion, ..... state. apart from specifying four grounds of disqualifications, it provides that a person can be disqualified by or under any law made by the parliament. the representation of the people act, 1951, a law made by the parliament, has introduced six disqualifications for a person being chosen as and for being member of legislative assembly of .....

Jay Shankar Pathak and Another Vs. Election Commission of India and Ot ...

Court : Jharkhand

..... election commission is vested with the power under article 324 of the constitution of india and is discharging this responsibility by following procedures provided in the representation of peoples act, 1951. in the act there is no provision for submitting a request for rescinding of the election notification to the president of india. section ..... discipline in the name of secrecy of voting. in paragraph 459 while considering the amendment in issue has observed that the parliament brought amendment through the representation of people (amendment) (act 40 of 2003) on the basis of the need to avoid cross-voting and wipe out evils of corruption as also to maintain ..... of india and ors.( [2006) 7 scc, 1 ) and upheld the constitutional validity of the amendment brought about in r.p. act, 1951 through the representation of the people( amendment) act, 2003 ( act 40 of 2003) after holding that these two measures may proven cross-voting and voting for illegal consideration. therefore, the election .....

D.K. Sharma Vs. Ram Sharma Yadav and Others

Court : Supreme Court of India

Reported in : AIR1993SC95; JT1992(5)SC466; 1992(2)SCALE482; 1993Supp(2)SCC117; 1992(2)LC455(SC)

..... nominated candidates who also contested the election but secured much lesser votes. d.k. sharma challenged the election of ram sharan yadav by way of election petition under the representation of the people act, 1951 (the act). the high court dismissed the election petition by its order dated october 17, 1990. this appeal under section 116a of the act is against the .....

Abhiram Singh Vs. C.D. Commachen (Dead) by Lrs. and Ors.

Court : Supreme Court of India

..... is an appeal to refrain from voting on the ground of the religion, race, caste, community or language of that candidate. 51 the representation of the people act, 1951 has undergone several parliamentary amendments. parliament would be aware of the interpretation which has been placed by this court on the provisions ..... to be carefully analysed is whether this interpretation is belied by the legislative history of the statutory provision. e. legislative history 24 originally, the representation of the people act, 1951 distinguished between major corrupt practices (which were defined in section123) and minor corrupt practices (in section 124). among the minor corrupt practices ..... made to an elector and whether the appeal if made is in violation of the provisions of sub-section (3) of section 123 of the representation of the people act, 1951.50. the reference is answered as above and the matter may be placed before hon ble the chief justice for necessary orders. .....

N.K. Pavithran and Another Vs. M. Nandakumar and Another

Court : Kerala

..... . 14. there are other provisions in different statutes providing for disqualification from the date of decision. in this context the provisions of the representation of the people act, 1951 are to be referred. chapter ii of the representation of the people act, 1951 (hereinafter referred to as '1951 act') provides for trial of election petitions. election petitions against a member of legislative assembly or .....

Kashi Purohit Vs. the State of Rajasthan

Court : Rajasthan

Reported in : RLW2008(2)Raj1703

..... entering the office is not such a disqualification either under the constitution (article 191) or even under any other law made by parliament including the representation of the people act. violation of oath maybe betrayal of faith reposed in the person taking oath which unfailingly indicates and demonstrates a fundamental code of conduct. ..... state. apart from specifying four grounds of disqualifications, it provides that a person can be disqualified by or under any law made by parliament. the representation of the people act, 1951, a law made by parliament, has introduced six disqualifications for a person being chosen as and for being member of legislative assembly ..... of office should also be included as one such disqualification with reference to clause (e) of article 191(1) of the constitution in the representation of the people act or otherwise so prescribed by a separate enactment. this court cannot on the grounds of equity or logic or perceived legislative intention add to .....

Lok Prahari, Through Its General Secretary s.n. Shukla Vs. Union of In ...

Court : Supreme Court of India

..... various aspects of the electoral process to the various offices and bodies mentioned earlier. for the present, we are only concerned with two enactments. the representation of the people acts, 1950 and 1951 (hereafter rp act of 1950 or rp act of 1951) which contain provisions which elaborately deal with the electoral process to ..... of our highest legislative bodies in accordance with the intentions of the founding fathers of the constitution and the concern expressed by the framers of the representation of the people act, 1951 intervention of this hon ble court has become necessary in terms of the following observation of this hon ble court in the case of ..... rules, 1961 keeping in view the suggestion in para 38 of the wp; (2) to respondent no.1 to consider suitable amendment in the representation of the people act 1951 to provide for rejection of nomination papers of the candidates and disqualification of mps/mlas/mlcs deliberately furnishing wrong information about their assets in .....

Manohar Joshi Vs. Damodar Tatyaba Alias Dadasaheb Rupwate and ors.

Court : Supreme Court of India

Reported in : JT1991(1)SC588; 1991(1)SCALE410; (1991)2SCC342; [1991]1SCR759; 1991(1)LC600(SC)

..... petition no. 1 of 1988. this court by its said order had held as follows:we do not think that in a notice under section 99 of the representation of the people act, 1951 the portions of the speeches of the petitioner are required to be specific for the purpose of sub-sections (3) and (3a) of section 123 ..... chhagan bhujbal and mr. manohar joshi are (to use the words of supreme court) collaborators in such corrupt practice.accordingly, i direct that notices under section 99 of the representation of the people act, 1951, shall be given to mr. bal thackeray, mr. chhagan bhujbal and mr. manohar joshi to appear before me on 3rd december, 1990, to show cause ..... 2 is challenged in the petition, among other things, on the ground of corrupt practices under sub-sections (2), (3) and (3a) of section 123 of the representation of the people act, 1951 (hereinafter referred to as the 'act'). it appears from the impugned order that the high court has reached a stage in the trial of the election petition .....