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Judgment Search Results Home  Phrase:representation of the people act 1951 section 8  Page:8

Mar 08 1995

Rameshwar Oraon Vs. State of Bihar and Ors.

  • Decided on : 08-Mar-1995

Court : Patna

... government is clear from its fax message dated 26th feb., 1995 (annexure-8) and he further stated that the power of the commission in this situation is circumscribed by the provisions of section 28a of the representation of the people act, 1951 (hereinafter referred to as the said act). the learned advocate general further stated that the communication of the election commission ... actual conduct of elections, is carried out by the designated officers of the state governments concerned. it is felt that the provisions of the representation of the people act, 1950 and the representation of the people act, 1951, in this regard should be clearly defined so that during the relevant period, these officers would, while discharging functions relating to elections, be ... set put below:-- 'the election law, so far as elections to the parliament and state legislatures are con-cerned is contained in the representation of the people act, 1950 and the representation of the people act, 1951. the former deals with the matters pertaining to elections prior to the stage of actual elections and the latter deals with the actual conduct ... of elections and all matters connected herewith. these two acts have been amended periodically in order to bring about improvments in the election system in ...

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Nov 04 1957

Ghayur Ali Khan Vs. Mahesh Chandra and Anr.

  • Decided on : 04-Nov-1957

Court : Allahabad

Reported in : AIR1958All719

... by an order dated 30-8-1957, framed three additional issues and, save for a direction that the words 'and student' in para. 3 (1 ... to an election tribunal which framed certain issues. on 20-8-1957, sri gliayur all khan, the present petitioner and respondent before the election tribunal, filed an application that the petition be struck out as being vague and not in conformity with the provisions of section 83, clause (b), of the representation of the people act, 1951, and that the issues be revised.the election tribunal ... from the court taking any other view are likely greatly to exceed the advantages. it is of the first importance that election petitions should be disposed of speedily -- the representation of the people act, 1951, itself requires it --and we can conceive of no greater obstacle to this end being achieved than by the court entertaining petitions against interlocutory orders save in very exceptional ... election petition specified by him in his application and he prays for the issue of a writ in the nature of certiorari quashing the order of the tribunal dated 30-8-1957.4. we are of opinion that the petition must be rejected. the impugned order is an interlocutory order made by the election tribunal in the exercise of its discretion ...

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Sep 30 1985

Indrajit Barua and Ors. Vs. Election Commission of India and Ors.

  • Decided on : 30-Sep-1985

Court : Supreme Court of India

Reported in : AIR1986SC103; 1985(2)SCALE678; (1985)4SCC722; [1985]Supp3SCR225

... challenge the election from any constituency or constituencies on the ground that the electoral rolls were defective. that is not a ground available for challenging an election under section 100 of representation of people act, 1951. the finality of the electoral rolls cannot be assailed in proceeding challenging the validity of an election held on the basis of such electoral roll vide kabul singh ... different from the one prescribed in form 4 read with rule 8 of the electors registration rules - here again, a statement was made on behalf of the commission to the following effect:for the sake of greater clarity and keeping in view the provisions of section 2(c) of the representation of the people act, 1951, and form 4 of the registration of electors rules, ... or under any law made by the appropriate legislature.4. therefore, an election can be challenged only by filing of an election petition in the manner prescribed by the representation of the people act, 1951. a constitution bench of this court in jagan nath v. jaswant singh and ors. : [1954]1scr892 , has said:the general rule is well settled that the statutory ... filed by them challenging the impugned elections, but we do not think this escape route is open to the petitioner. there is in the representation of the people act, 1951, no concept of elections as a whole. what that act contemplates is election from each constituency and it is that election which is liable to be. challenged by filing an election petition. it may ...

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Jul 07 2005

Singam Satyanarayana Vs. Election Officer and Deputy Chief Executive O ...

  • Decided on : 07-Jul-2005

Court : Andhra Pradesh

Reported in : 2005(4)ALD780; 2005(4)ALT645

... allotment) order, 1968, defines 'political party' as-'an association or body of individual citizens of india registered with the commission as a political party under section 29-a of the representation of the people act, 1951.'sub-para (1) of para-2 of the tenth schedule to the constitution reads:'subject to the provisions of paragraphs 3, 4 and 5, a member ... the party before the commission on 21.8.2001 in respect of the said application, has registered the said 'telangana rashtra samithi' as a political party under section 29a of the representation of the people act, 1951 on and with effect from 21.3.2001.2. as provided in sub-section (9) of section 29a of the representation of the people act, 1951, the party shall communicate to the ... any of the respondents. it reads-'tosri k. chandrasekhara rao,president, telangana rashtra samithi,house no. 8-2-220/110/1/3,road no. 14, banjara hills,hyderabad, andhra pradesh.subject:-'telangana rashtra samithi'registration under section 29a of the representation of the people act, 1951, as a political party - matters regarding.sir,i am directed to state that the election commission of ... party ticket, and since the fact that respondents 3 to 8 were elected as mptcs on trs party ticket is not disputed, i feel it relevant to extract some of the relevant provisions, which are necessary for disposal of these petitions. section 29a(1) of the representation of the people act, 1951 reads:'any association or body of individual citizens of india calling ...

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Dec 08 2003

Telangana Rashtra Samithi, rep. by its General Secretary Vs. Election ...

  • Decided on : 08-Dec-2003

Court : Andhra Pradesh

Reported in : 2004(1)ALT382

... is given the status of a recognised political party in accordance with the provisions of the symbol orders, 1968 and under section 29-a of the representation of the people act, 1951 and rules 5 and 10 of the conduct of elections rules, 1961. the election commission is required to reconsider whether the ... effaced.'15. the election commission of india in exercise of the powers under article 324 of the constitution of india read with section 29-a of the representation of the people act, 1951 and rules 5 and 10 of the conduct of election rules, 1961 and all other powers enabling it in this behalf ... the petitioner-party as a state party and the commission vide its order dated 21-8-2001 has registered the telangana rashtra samithi as a political party under section 29-a of the representation of the people act, 1951.4. it is further stated that in the elections conducted to the local bodies in ... and ultimately helps in the establishment of a westminster type of democracy which we have adopted with cabinet responsible to the elected representatives of the people who constitute the lower house. the political parties, have to be there if the present system of government should succeed and the chasm ... therewith. the election commission felt that it is necessary and expedient to provide, in the interest of purity of elections, to the house of people and legislative assembly all over state and in the interest of the conduct of such elections in a fair and efficient manner, for the specification ...

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Mar 10 1958

Partap Singh Kairon Vs. Gurmej Singh

  • Decided on : 10-Mar-1958

Court : Punjab and Haryana

Reported in : AIR1958P& H409

... fill a scat in the legislative assembly if he is less than 25 years of age. the said santa singh candidate, therefore, has not fulfilled the provisions of section 36 of the representation of people act, 1951, as modified up to august, 1956, and as such, it is 'in my opinion a material defect.'15. mr. daphtary contends that prima facie the returning officer's ... that the nomination paper filed by santa singh should not have been rejected by the returning officer? was the same improperly rejected?8. is a lambardar a person in the service of government under section 123(7) of the representation of the people act, 1951?'6. s. partap singh stated that these two points should be disposed of as preliminary points in accordance with the provisions ... preliminary issue of law the decision of which would dispose of a part of the case. 16. similarly issue no. 8 namely whether a lambardar is a person in the service of government under section 123(7) of the representation of the people act 1951 is an issue of law, which if decided in favour of the party objecting would dispose of a part of the ... issues nos. 3 and 8. issue no. 3 runs as follows :'3, is it competent for the petitioner to raise any objection at this stage that the nomination paper filed by santa singh should not have been rejected by the returning officer? was the same improperly rejected?'13. the relevant portions of section 100 of the representation of the people act, 1951, are as follows :-'100 ...

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Nov 02 1978

Dhabai Sua Lal Yadav Vs. Smt. Indira Nehru Gandhi and Ors.

  • Decided on : 02-Nov-1978

Court : Rajasthan

Reported in : AIR1979Raj130

... said election candidate with references to sections 4, 8, 8a, 9, 11, 13 and 146 of the representation of the people act, 1951 read with articles 102(e) and 103 of the constitution of india;--(h) require non-petitioners nos. 3, 4, 5 and 6 of this ... petitioner-appellant may be allowed the following reliefs:--'(a) declaring the following provisions of laws to be void ab initio, or ultra vires. (i) sections 4, 8, 8a, 9, 11, 33(3) and 146 of the representation of the people act, 1951 to the extent they are contrary and inconsistent with the provisions of articles 13, 14, 16, 19(a), 19(g), sub-clause (6) of ... till she stands duly tried by a competent criminal court of law for her prima facie proved criminal charges and till chief election officer conferred on him under section 146 of the representation of the people act, 1951, read with articles 102, 103, 192 of the constitution of india; (9) restraining non-petitioner no. 2 not to declare non-petitioner no. 1 as a competent ... article 19, 31c article 39 read 'with article 39 (sic) articles 102, 103, 105, 122 and the preamble of the constitution as argued above;(ii) sections ...

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May 05 2010

PRASANT KUMAR BISOI. Vs. TRIPATI BISOI AND ORS.

  • Decided on : 05-May-2010

Court : Orissa

... if a person is disqualified to contest the election to the state legislature, he would be disqualified to contest the election to the panchayat samiti. sub-section (3) of section 8 of the representation of the people act,1951 lays down that after six years of release of a convict from custody, he would not suffer from any disqualification to contest the election. in the ... attained the age of twenty-one years;(b) if he is so disqualified by or under any law made by the legislature of the state."sub-section (3) of section 8 of the representation of the people act, 1951 envisages that:"a person convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub ... that in absence of any provision in the said act, the provision laid down under the representation of the people act,1951 shall mutatis mutandis apply to it. the cessation of disqualification in respect of an offence having not been provided in the samiti act, the provision contained under section 8 of the representation of the people act has full application. the petitioner was in jail from 1991 to ... -section (1) or sub- section (2) shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years ...

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Jul 10 2013

LILY THOMAS Vs. UNION OF INDIA & ORS.

  • Decided on : 10-Jul-2013

Court : Supreme Court of India

... order the petitioner is a practicing advocate in the patna high court and has filed this writ petition as a public interest litigation challenging sub- section (4) of section 8 of the representation of the people act, 1951 (for short the act ), as ultra vires the constitution.2. this writ petition was heard along with w.p.(c) no.490 of 2005 and w.p.(c ... two writ petitions have been filed as public interest litigations for mainly declaring sub-section (4) of section 8 of the representation of the people act, 1951 as ultra vires the constitution. the background facts 2. the background facts relevant for appreciating the challenge to sub- section (4) of section 8 of the act are that the constituent assembly while drafting the constitution intended to lay down some ... 102(1)(e) and under article 191(1)(e) of the constitution, parliament provided in chapter-iii of the representation of the people act, 1951 (for short the act ), the disqualifications for membership of parliament and state legislatures. sections 7 and 8 in chapter-iii of the act, with which we are concerned in these writ petitions, are extracted hereinbelow:7. definitions. in this chapter, (a ... ) no.231 of 2005 in which sub-section (4) of section 8 of the of the act is also challenged as ultra vires the constitution.3. we have today ...

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Apr 18 2012

GYANENDRA KUMAR TRIPATHY Vs. BHAGIRATHI BADAJENA & OTHERS

  • Decided on : 18-Apr-2012

Court : Orissa

the high court of orissa, cuttack misc. case no.6 of 2010 (arising out of election petition no.8 of 2009) in the matter of an application under sections 86 and 87 of the representation of the people act, 1951 read with order 7 rule 11 and order 6 rule 16 of the code of civil procedure, 1908. -------------gyanendra kumar tripathy petitioner -versusbhagirathi ... issued to the respondents, the returned candidate, namely, bhagirathi badajena (respondent no.1 in the election petition) filed the aforementioned misc. case under sections 86 and 87 of the representation of people act, 1951 read with order 7 rule11 and order no.6 of rule-16 of the code of civil procedure, 1908 with a prayer to dismiss the election ... submitted that the election petitioner, namely, gyanendra kumar tripathy did not comply with the mandatory requirement of section 81 of the representation of people 1951 act (hereinafter referred to as the 195. act .). it is submitted that subsection (3) of section 81 of the 1951 act is mandatory in nature and the said provision clearly requires that, every election petition shall be accompanied by ... paper. the returning officer has not discharged his duty and obligation empowered to him by the statute. because section 33 of the representation of people act deals with presentation of nomination paper and requirements for a valid nomination. sub-section 4 of section 33 states that on the presentation of nomination paper, the returning officer shall satisfy himself that the names ...

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