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Judgment Search Results Home  Phrase:representation of the people act

May 20 1959

Shri V.V. Giri Vs. Dippala Suri Dora and Ors.

  • Decided on : 20-May-1959

Court : Supreme Court of India

Reported in : AIR1959SC1318; [1960]1SCR426

... a twofold declaration. he wanted the tribunal to declare that the election of respondent i under the representation of the people act, 1951 (act 43 of 1951) (hereinafter called the act) was void and that he had himself been duly elected to the house of the people from the parvatipuram parliamentary constituency for the general and non-reserved seat. these allegations were denied ... that goes to the poll. let us now proceed to consider the position under the relevant provisions of the act. it is necessary to begin with the definitions of parliamentary constituency and election. section 2(f) of the representation of the people act, 43 of 1950, defines a " parliamentary constituency" as meaning a constituency provided by law for the purpose ... of elections to the house of the people; whereas s. 2(d) of the act defines "election-" to mean an election to fill a seat or seats ... carry out the intention of the constitution in regard to elections two acts were enacted by the parliament. the representation of people's act, 1950, (43 of 1950) (hereinafter called the 1950 act) and the representation of people's act 1951, (43 of 1951), (hereinafter called the 1951 act). the object of the 1950 act was to provide for allocation of seats and delimitation of constituencies for ...

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Dec 06 2007

Election Commission of India Vs. St. Mary's School and Ors.

  • Decided on : 06-Dec-2007

Court : Supreme Court of India

Reported in : 2007AIRSCW7761; AIR2008SC655; 2008(1)ALT17(SC); 2008(1)AWC139(SC); 147(2008)DLT24(SC); (2008)1MLJ1062(SC); (2008)2SCC390; 2008(4)KCCRSN269

... houses. 14. the parliament with a view to give effect to the said constitutional functions enacted the representation of the people act, 1950 (1950 act) and the representation of the people act, 1951 (1951 act). 15. we may notice certain provisions of the said acts.1950 act:section 13a of 1950 act provides for the designation or nomination of the chief electoral officers, by the election commissioner; whereas section ... , submit:(i) holding of an elections is a sovereign function. (ii) the election commission having regard to the provisions contained in the constitution of india as also the representation of the people act, 1951 is required to conduct elections for the purpose of upholding democracy. (iii) democracy being a basic feature of the constitution of india, it is obligatory on the ... of the children cannot be neglected. therefore, it is necessary to maintain the balance between the two. 25. with an advent of technology requisitioning of a large number of people for carrying out the election may not be necessary. we may notice that the election commission has different roles to play. preparation of an electoral rolls, revision of electoral ... flows from article 21 is not an absolute right. it must be construed in the light of directive principles. a true democracy is one where education is universal, where people understand what is good for them and the nation and the right to education have to be determined. right to education, understood in the context of articles 45 and ...

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Dec 15 2006

Youaraj Rai Vs. Chander Bahadur Karki

  • Decided on : 15-Dec-2006

Court : Supreme Court of India

Reported in : AIR2007SC561; 2007(2)ALLMR(SC)942

... longer have multi-member constituencies.20. it may also be appropriate to refer to sub-section (3) of section 4 and sub-section (2) of section 7 of the representation of the people act, 1950 as amended in 1975 and 1980. sub-section (3) of section 4 states that 'every parliamentary constituency shall be a single- member constituency. likewise sub-section ( ... .1. appeals admitted.2. all the above three appeals raise an interesting and important question of law as to interpretation of section 81 of the representation of the people act, 1951 (hereinafter referred to as 'the act').3. in all these appeals, facts are more or less similar. the election commission of india issued a notification on march 16, 2004 for ... the amendment act, 1956 did not expressly provide period of limitation ... a state or house of the people.17. the learned counsel also referred to the relevant provisions of the act as they originally stood in 1951 and the amended provisions after the representation of the people (second amendment) act, 1956 (act 27 of 1956) and the representation of the people (amendment) act, 1961 (act 14 of 1961). section 81 of the act as it originally stood prior to ...

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Mar 02 2006

T.S. Patil S/o. Shankaragouda Patil Vs. The Joint Registrar of Co-oper ...

  • Decided on : 02-Mar-2006

Court : Karnataka

Reported in : ILR2007KAR491; 2008(1)KarLJ227;

... the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.5. under the representation of the people act, the petitioner or any other candidate can be declared to have been duty elected only in two contingencies. firstly, the high court should be of opinion that in fact ... respondent would not get any vote and hence the appellant was entitled to be declared elected. we do not find any merit in this contention. section 101 of the representation of the people act, 1951 is extracted hereunder:101. grounds for which a candidate other than the returned candidate may be declared to have been elected.- if any person who has lodged a ... taking a decision as to whether the petitioner or another candidate should be declared elected, the arbitrator should be guided by the general principles under section 101 of the representation of the people act. in view of the above legal position and in view of the fact that the appellant-petitioner in this case had prayed for declaring him elected, we hold that ... and agree with the view taken by this court in the above mentioned decisions that although there are no statutory provisions corresponding to section 100 and 101 of the representation of the people act, 1951 setting out the grounds on which the election to a co-operative society can be set aside, it is open to the arbitrator to rely as far as ...

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Apr 30 1969

Ram Dayal Vs. Brijraj Singh and Ors.

  • Decided on : 30-Apr-1969

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 14 1970

Bhaiya Ram Munda Vs. Anirudh Patar and Ors.

  • Decided on : 14-Aug-1970

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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Nov 03 2000

B.S. Yadiyurappa Vs. Mahalingappa and Others

  • Decided on : 03-Nov-2000

Court : Karnataka

Reported in : AIR2001Kant61; ILR2000KAR4449; 2001(2)KarLJ577

... and presented in accordance with the law made by the legislature i.e., in accordance with the provisions of part vi of the representation of the people act.16. section 82 of the representation of the people act provides for as to who has to be joined as respondent or who have to be joined as respondents. section 82 specifies the ... permit that which the representation of the people act does not. quite obviously the provisions of the code cannot be so invoked. in mohan raj v surendra kumar taparia, this court held that the undoubted ... is not whether the civil procedure codecivil procedure codecivil procedure code applies because it undoubtedly does, but only 'as far as may be' and 'subject to the provisions of the representation of the people act, 1951 and the rules made thereunder'. section 87(1) expressly says no. the question is whether the provisions of the civil procedure codecivil procedure codecivil procedure code can be invoked to ... and 5 i.e., the returning officer and the district election officer were responsible to conduct elections strictly in accordance with the constitution of india and the representation of the people act, 1951 as well as the rules and various orders issued by the election commission. these respondents, according to the petitioner, were involved in certain irregularities and ...

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Jan 16 1958

Bhuvanesh Bhushan Sharma Vs. Election Tribunal, Farrukhabad and Anr.

  • Decided on : 16-Jan-1958

Court : Allahabad

Reported in : AIR1958All587

... the challan, by itself, shows that the deposit is in favour of the' election commission, so that the challan satisfied the requirements of section 117 of the representation of the people act.8. the only other point that remains relates to the rejection of the other objection raised by the present petitioner that the paragraphs containing allegations about corrupt practice ... amplified this statement by saying that, even 'if the payment to a person producing the authority of the secretary to the election commission under section 121 of the representation of the people act is opposed by the original depositor, the treasury officer must make the payment to the person who produces the authority.according to him, this position comes into ... came to an end and the tribunal could not, therefore, exercise jurisdiction to restore the petition and start the trial afresh.the contention was that, under the representation of the people act, the jurisdiction of the tribunal was limited to trying a petition referred to it and once the trial is concluded, the tribunal becomes functus officio and cannot, therefore ... be withdrawn. similarly, there are special principles laid down with regard to abatement of election petitions under sections 112 to 115 of the representation of the people act. particular reference was made to section 115 of the representation of the people act under which, after a petition has abated on the death of a petitioner, any person, who might himself have been a petitioner ...

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Aug 26 1970

Amaravila Krishnan Nair Vs. The Election Commissioner of India, New De ...

  • Decided on : 26-Aug-1970

Court : Kerala

Reported in : AIR1972Ker5

... open to this court in a writ application to give a declaration that the electoral rolls have been prepared in substantial violation of the material provisions of the representation of the people act 1950 and give appropriate consequential directions.17. the learned advocate general submitted that the petitioner has no locus standi to maintain this petition. he said that the ... 'election' in the sub-article refers to any step or process for the conduct of an election anterior to the issue of the notification under section 15 of the representation of the people act 1951. articles 324 - 329 occur in part iv of the constitution headed 'elections'. article 324 vests the superintendence, direction and control of the preparation of the electoral ... to 3 to effect a proper revision of the electoral rolls for the assembly constituencies in kerala state in conformity with the provisions contained in section 21 of the representation of the people act of 1951 before holding the general elections for the legislative assembly of the kerala state.'15. the learned advocate general, appearing for the 1st respondent, raised a ... result. the announcement of the successful candidate as duly elected, but embraces the entire process, beginning at least with the issue of the notification under section 15 of the representation of the people act. 1951 (which i shall, for brevity, call the writ) and culminating in that result--see n. p. ponnuswami v. returning officer, naniakkal constituency, air 1952 sc 64 ...

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Nov 28 1961

P. Kunhiraman Vs. V.R. Krishna Iyer

  • Decided on : 28-Nov-1961

Court : Kerala

Reported in : AIR1962Ker190

... mr. kulathil velayadhan nair learned counsel for the applicant in the election appeal, the scheme of constitution, as well as of the two acts namely, the representation of the people act 1950 -- act 43 of 1950, the representation of the people act l95l -- act 43 of 1951 and the relevant rules framed under these two statutes, will clearly show that the queslion regarding the age of an elector ... finding that 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, 1950 and of the representation of the people act, 1951, the question of age is to be finally decided at the registration so that capacity or incapacity on that account is conclusively determined by inclusion ... 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 ... shall vote at an election in any constituency if he is subject to any ot the disqualifications referred to in section 16 of the representation of the people act, 1950 (43 of 1950).''section 16 of the representation of the people act, 1950 is to the effect.'(1) a person shall be disqualified to regis-tration in an electoral roll if he -- (a) is ...

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