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Jul 22 2004 (HC)

BashiruddIn Halhipparga Vs. Rajashekhar Basavaraj Patil and ors.

Court : Karnataka

Reported in : AIR2004Kant471

..... . if an election has to be declared as void, a party has to prove the grounds available to him under section 100 of the representation of the people act, 1951. section 100 of the representation of the people act reads as hereunder :'100. grounds for declaring election to be void -- (1) subject to the provisions of sub-section (2) if (the high court) is of opinion ..... election petition on the ground that the petition filed by the petitioner was not maintainable as it does not attract any of the provisions of section 100 of the representation of the people act, 1951.7. this court after hearing the learned counsel for the petitioner and respondents and based on the memo filed by the learned counsel appearing for the petitioner ..... present petition.3. being aggrieved by the election results, declaring the 1st respondent as an elected candidate, the petitioner filed the present election petition under section 81 of the representation of the people act, 1951 on three grounds.4. according to the petitioner, the returning officer has committed an error in rejecting the nomination of ashok s/o masoodappa as a substitute candidate ..... be allowed and the election of the 3rd respondent was set aside on the ground that he had incurred disqualification to contest the election under section 9a of the representation of the people act, 1951. thereafter, a notification was issued on 22-1 -2003 by the government of karnataka, notifying the calendar of events for by-election to no. 5, humnabad assembly .....

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Feb 11 1969 (SC)

Sheik Abdul Rehman Vs. Jagat Ram Aryan

Court : Supreme Court of India

Reported in : AIR1969SC1111; (1969)1SCC667; [1969]3SCR597

..... the state as by law established and that i will uphold the sovereignty and integrity of india.7. section 44 of the j. & k. representation of the people act, 1957 provides for presentation of nomination papers and prescribes certain requirements for a valid nomination. section 45 provides for deposits. section 46 deals with ..... 2scr812 , this court held that the nomination paper was liable to be rejected under section 36(2)(a) of the representation of the people act, 1951 corresponding to section 47(2)(a) of the j. & k. representation of the people act, 1957 if the qualification required by article 173(a) of the constitution corresponding to section 51(a) of the ..... of nikka ram's father was not a ground for rejecting his nomination paper having regard to section 44(4) of the j. & k. representation of the people act, 1957. the high court also rejected the additional contention that narain dass had not made a deposit of rs. 125 in conformity with section 45 ..... j. & k. constitution and their nomination papers were liable to be rejected under section 47(2)(a) of the j. & k. representation of the people act, 1957.15. in the result, the appeal is dismissed. there will be no order as to costs. ..... to fill the seat under any of the provisions of sections 51 and 69 of the constitution and part vi of this act;....8. form 2a of the j. & k. representation of the people (conduct of election and election petition) rules, 1957 prescribes the form of nomination paper for election to the legislative assembly .....

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Jul 25 1967 (HC)

Motsingh Vs. Bhaiyyalal

Court : Mumbai

Reported in : AIR1968Bom370; (1968)70BOMLR257; 1968MhLJ313

..... art. 191(1)(a) of the constitution, there is no question of setting aside his election on that ground under section 100(1)(a) of the representation of the people act, 1951. the petition will have therefore to stand dismissed with costs.(35) issue no. 5:- in the result, the election petition calling in question the ..... profit under the government. consequently, there is no question of article 191(1)(a) of the constitution or of section 100 (1) (a) of the representation of the people act coming into operation.(33) issues nos 1 (b), 2 and 3:- at this stage mr. mandlekar advocate for the respondent stated at the bar that in ..... pressed.4. is the election of the respondent liable to be set aside on the ground that it is void under s. 100(1)(a) of the representation of the people act, 1951?.........no.5. relief and costs?.........the petition stands dismissed with costs.reasons for the findings.(6) issue no. 1(a) - according to mr. ..... of the constitution from being chosen as a member of the legislative assembly. his election should be declared void under section 100(1)(a) of the representation of the people act, 1951.(4) respondent bhaiyyalal contested the claim of the petitioner on the ground that he was not getting any honorarium or any other kind of payment ..... (1) this election petition under section 81 of the representation of the people act, 1951, has been filed by the petitioner motisingh to call in question the election of respondent bhaiyyalal to the maharashtra legislative assembly from .....

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Jan 24 1969 (SC)

Kanti Prasad Jayshanker Yagnik Vs. Purshottamdas Ranchhoddas Patel and ...

Court : Supreme Court of India

Reported in : AIR1969SC851; (1969)1SCC455; [1969]3SCR400

..... fails and is dismissed with costs.37. hegde, j. i agree that the statements contained in exh. p amount to a corrupt practice under section 123(2) of the representation of the people act and also agree that those statements were made with the consent of the returned candidate. hence this appeal has to be dismissed but i am unable to agree that ..... before us, to the gujarat state assembly from mehsana state assembly constituency under section 123(2), section 123(3) and section 100(1)(b) of the representation of the people act, 1951- hereinafter referred to as the act.2. the high court held that certain speeches made by shambhu maharaj, with the consent of the appellant, amounted to 'corrupt practices' within the meaning of ..... 1. this appeal under section 116-a of the representation of the people act, 1951, is directed against the judgment and order of the high court of gujarat in election petition no. 3 of 1967, setting aside the election of kanti prasad jayshankar yagnik, ..... sections 123(2), section 123(3) of the act. since we are in agreement with some of the conclusions arrived at by the high court it is not .....

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Apr 30 1969 (SC)

Ram Dayal Vs. Brijraj Singh and ors.

Court : Supreme Court of India

Reported in : AIR1970SC110; 1970MPLJ778(SC); (1969)2SCC218; [1970]1SCR530

..... the maharaja and the rajmata of gwalior was authorized by brijraj singh and was liable to be included in his account of election expenses under section 77 of the representation of the people act, 1951.21. the appeal fails and is dismissed with costs in favour of the first respondent. the order of costs in favour of the 4th respondent passed by the ..... hold that any expenditure was incurred for brijraj singh which was liable to be included in the election expenses of the first respondent. under section 123(6) of the representation of the people act, 1951, the incurring or authorizing of expenditure in contravention of section 77 is a corrupt practice and section 77 provides, insofar as it is material :(1) every candidate at ..... attested in the presence of the returning officer or any other officer specified in the rules. the returning officer rejected the nomination papers.4. section 33(1) of the representation of the people act, 1951. requires that each candidate shall deliver to the returning officer a nomination paper completed in the prescribed form and signed by the candidate and by an elector of ..... the high court rejected the other grounds, and dismissed the petition. the appellant has appealed to this court.2. an election petition has, under section 81(1) of the representation of the people act, 1951, to be filed within 45 days of the date of the publication of the result of the election. an application for setting aside the election, that dataram was .....

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Aug 13 1969 (SC)

Kabul Singh Vs. Kundan Singh and ors.

Court : Supreme Court of India

Reported in : AIR1970SC340; (1969)2SCC452; [1970]1SCR845

..... no person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the representation of the people act, 1950.(3) no person shall vote at a general election in more than one constituency of the same class, and if a person votes in ..... earlier, the main contention in this appeal relates to the true effect of sub-section (3) of section 23 of the representation of people act, 1950 (to be hereinafter referred to as 'the 1950 act') which prohibits the deletion of any entry or inclusion of any name in the electoral roll of a constituency after the last ..... k.s. hegde, j.1. this appeal under section 116a of the representation of people act, 1951 (to be shortly referred to hereinafter as the act) is directed against the decision of the high court of punjab and haryana in election petition no. 1 of 1968 on its file. ..... rolls (section 23), appeals against orders passed by the concerned authorities under sections 22 and 23 (section 24). sections 14 to 24 of the 1950 act are integrated provisions. they form a complete code by themselves in the matter of preparation and maintenance of electoral rolls. it is clear from those provisions ..... rejected on the ground that their names were included in the electoral roll in defiance of the mandate given under section 23(3) of the 1950 act. what applies to hari singh equally applies to harjinder singh and balwant singh. the fact that the 1st respondent did not challenge the validity of those .....

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Aug 14 1970 (SC)

Bhaiya Ram Munda Vs. Anirudh Patar and ors.

Court : Supreme Court of India

Reported in : AIR1971SC2533; (1970)2SCC825; [1971]1SCR804

..... powers under article 342 of the constitution. bhaiya ram munda has appealed to this court under section 116a of the representation of the people act, 1951.2. section 5 of the representation of the people act. 1951 provides :a person shall not be qualified to be chosen to fill a seat in the legislative assembly of ..... that the 1st respondent was not a member of a scheduled tribe and was on that account not qualified under section 5 of the representation of the people act. 1951 to be chosen to fill a seat in the legislative assembly of bihar from a reserved constituency for scheduled tribes. the high ..... general heading munda.32. decisions in support of the contention that the courts cannot allow evidence to be taken for proving that certain classes of people though not expressly designated in the presidential order were intended to be covered by the order may be briefly referred to. it may suffice ..... to the area of the tamar constituency that act applied. a deed evidencing sale of land presented for registration by a member of a scheduled tribe could not be registered unless the sale ..... therein that the first respondent was not a member of any scheduled case or backward community. under section 46 of the chhota nagpur tenancy act vi of 1908 without the sanction of the deputy commissioner the members of the scheduled tribes cannot transfer their lands. it is common ground that .....

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Aug 14 1969 (SC)

B.P. Maurya Vs. Prakash Vir Shastri and ors.

Court : Supreme Court of India

Reported in : AIR1970SC522; (1969)2SCC634; [1970]1SCR894

..... tainted by corrupt practice, such an appeal will not be an infraction of the provisions as to corrupt practices as contemplated in the representation of the people act. suggestions that attempts are made to accentuate the differences between the hindus and harijans in the article cannot be extracted in isolation from the ..... challenged the election on grounds of corrupt practices as mentioned in sub-sections (2), (3) and (4) of the representation of the people act, 1951 (hereinafter referred to as the act).3. at the hearing of the appeal the appellant appeared in person after counsel on his behalf had obtained leave of this ..... station passed off peacefully and therefore no one stopped any voter from casting vote. manzoor ahmad in his oral evidence said that he saw people armed with lathis and ballams. he said that he made a complaint to the presiding officer and admitted in cross-examination that there was no ..... the leaders of the republican party. one of the witnesses devi dayal sen, p.w. 63 said that when the appellant rose to speak some people pelted stones at him.24. the alleged incident at chhajjupur is unacceptable because, first, there was no complaint by the appellant to the election commissioner ..... beat the witness with lathis and he received a number of injuries.14. the other witnesses on whose testimony the appellant relied said that people wearing lion badges which was the election symbol of prakash vir shastri asked the witnesses not to cast their votes and they also said that .....

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Oct 15 1970 (SC)

Rampakavi Rayappa Belagali Vs. B.D. Jatti and ors.

Court : Supreme Court of India

Reported in : AIR1971SC1348; (1970)3SCC147; [1971]2SCR611

..... purposes'. petitioner no. 2 objected to his withdrawal. the learned judge dismissed the application of petitioner no. 1 on the ground that section 110(1) of the representation of the people act, 1951, hereinafter called the 'act', dil not permit withdrawal by one petitioner without the consent of his co-petitioner. it has, however, been noted by the learned judge that both the petitioners ..... the validity or legality of an entry in an electoral roll we shall have to look at the relevant provisions of the act. the representation of the people act 1950, to be called the 'act of 1950' and the constitution. part ii of the act deals with the qualifications and disqualifications for membership of parliament and stale legislature. section 5(c) is as follows :a person ..... 1950 or the disqualifications given in chapter iii of the act. the act of 1950 was meant to provide for the allocation of seats and the delimitation of constituencies for the purpose of elections to the house of the people and the legislatures of states, the qualifications of voters at such elections, the preparation of electoral rolls ... and matters connected therewith.7. part .....

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Feb 24 1969 (SC)

H.V. Kamath Vs. Ch. Nitiraj Singh

Court : Supreme Court of India

Reported in : AIR1970SC211; (1969)1SCC601; [1969]3SCR813

..... narsinghpur and piparia on february 16, 1967 announcing the benefit of such exemption and that the respondent thus committed the corrupt practice under section 123(1)(a) of the representation of the people act, 1951. the evidence shows that the question of exemption of uneconomic holding from payment of land revenue was being agitated for some time past towards the close of 1966 ..... . the government reconsidered the matter and when the vidhan sabha was not in session it passed ordinance no. 19 of 1966 granting the exemption. the ordinance was later replaced by act. no. 6 of 1967 which was published on april 26, 1967. the exemption was advocated by the praja socialist party also and was welcomed by all parties. nevertheless on the ..... . p-2 carry the matter any further. on the materials on the record it is not possible to say that either shri d. p. mishra or shri s. k. dixit acted as the agent of the respondent. the charge under paragraph 5(i), (ii), (iii) and (iv) is not established. some additional embellishments of the charge were dealt with by the .....

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