Court : Madhya Pradesh
Reported in : AIR1963MP356
..... parties. for the trial of that petition mr. g.p. tiwari, district judge, raipur (respondent no. 1) has been constituted the election tribunal under section 80 of the representation of the people act, 1951 (hereinafter to be called 'the act'). a copy of the said petition was sent by the election commission to vaidya charan shukla. he was also served with a notice for appearance ..... 'and no other' after, the expression 'all the returned candidates' in clause (a) of section 82.10. it may be mentioned here that this section was substituted for the original section 82 by the representation of the people (second amendment) act (no. xxvii of 1956). the original section required all the 'duly nominated candidates' to be joined as respondents irrespective of whether in the election ..... election petition could not be proceeded with inasmuch as the other contesting candidates had also been made parties which amounted to 'direct violation of the mandatory provisions of section 82 of the act'. the contention was that the election petition could be instituted only against the returned candidate and it was not permissible to join any of the other contesting ..... . both sides then addressed us fully on the merits of the preliminary objection raised by the returned candidate before the election tribunal.8. it was urged by mr. bobde that the language of section 82 of the act left no manner of doubt that the only person who could be joined as respondent in the election petition was the returned candidate .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1958SC937; (1958)36MysLJ(SC)733; 1SCR1167
..... elected as he obtained the larger number of votes at the poll. six electors of the harihar constituency then filed the election petition for a declaration under section 100(1)(c) of the representation of the people act, 1951, that the election of the appellant was void on the ground that the nomination papers of hanumanthappa, siddappa and guru rao had been improperly rejected. if ..... was made by the government. 10. the learned advocate for the respondent contended that there are certain other sections of the act which support his contention. first, we were referred to section 11 which gives a person entitled to an office under section 8 of the act a right to sue before the prescribed authority for it or for the recovery of its emoluments. we are ..... the people act, 1951, for a declaration that the election of the appellant was void. 2. the election with which the case is concerned, was held on march 8, 1957, for choosing members for the mysore state legislative assembly. one of the constituencies for the purposes of election to that assembly was known as harihar. the nomination papers filed ..... not make him the officer. he must actually be appointed to the office and upon such appointment he comes to hold it under the government. we were also referred to section 8, sub-section (4) which provides that when the heir of the last holder of an office who would otherwise be entitled to succeed to it is a minor, the prescribed officer .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1993Bom270; 1994(2)BomCR527
..... whose name is not in the said roll shall be deemed to be not entitled so to vote.the purpose of adding this deeming provision by section 8 of the act appears to be to give a finality to the ward roll and to direct that if any person has got any objection that should be raised ..... those within a period of forty-five days from the publication of the draft ward roll,designated officer has to publish the final ward roll.11. section 8 of the act of 1949 is a deeming provision by which every person included in the ward roll is deemed to be entitled to vote and who is not ..... included is deemed to be not entitled to vole. section 8 of the act of 1949 is quoted below for ready reference.8. every person whose name is in a ward roll shall be deemed to be entitled to vote at the ward election, ..... of a council can be challenged. the phrase 'improper reception or refusal of a vote' appearing in sub-section (1) of section 16 will have to be considered in the light of the scheme of the act. when section 8 gives finality to the voters list, the improperreception or refusal of vote will not include improper inclusion or ..... electoral roll on the basis of which election was held. if the scheme of the bombay provincial municipal corporations act, 1949 is examined, it will have to be concluded that the provisions of section 8 of the said act does not permit the question of the invalidity of voters list being agitated in an election petition. irregularity .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(2)ALD96; 2002(2)ALT473
..... s case), a submission was made that sub-section (4) of section 8 of the representation of peoples act, 1951 requires reading down to so as to apply the same to a non-legislator and to render the same constitutionally valid. section 8(4) of the representation of peoples act, 1951 lays down that the disqualification under section 8(3) thereof shall in the case of elected ..... member of parliament or legislature of a state, shall not take into effect until a final court has confirmed the conviction and sentence. the submissionwas rejected by a constitution bench. it is apposite to refer to the observations made by the supreme court:section 8 ..... .54. in mahesh chandra v. regional manager, : 1scr616 , u.p. financial corporation the supreme court, in context of interpreting section 29 of the state financial corporations act, 1951, held that every arbitrary decision is unreasonable. it is useful to excerpt the following passage from the said decision:the public functionaries should be ..... achieving the object enshrined in article 47 of the constitution. likewise, the university of health science is established under the university of health sciences act, 1986. under section 8 of the act, all colleges and institutions, which were earlier affiliated to osmania university, andhra university, sri venkateswara university, nagarjuna university, kakatiya university and sri .....Tag this Judgment!
Court : Himachal Pradesh
..... the honble supreme court in k.prabhakaran versus p.jayarajan, (2005) 1 scc 754. in k.prabhakaran (supra), question was whether in reference to representation of peoples act, 1951, the word any offence mentioned in section 8(3) of the representation of peoples act, 1951 should mean a single offence or the word any shall include all offences. the honble supreme court has observed that the word any ..... not take the word of the government. that will shake the faith of the people in the governance. therefore, in order to keep the faith and maintain good governance it is necessary that whatever representation is made by the government or its instrumentality which induces the other party to act, the government should not be permitted to withdraw from that. this is a ..... matter of faith. (viii) even though rule 19.1 refers the words shall be exempted from payment of any ..... of observation of honble supreme court in stc (vol.viii) 666, adarsh bhandar versus sales tax officer, aligarh. (b) under act 1999, the tax is on goods specified in column (2) of schedule-15, carried by road by vehicle under section 3 of act 1999 and mode of payment of tax (under section 4 of act 1999) is by every person in charge of (vehicle .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(1)ALD80; 2004(2)ALT196
..... jayalalitha's case (supra), a submission was made that sub-section (4) of section 8 of the representation of peoples act, 1951 requires reading down so as to apply the same to a non-legislator and to render the same constitutionally valid. section 8(4) of the representation of peoples act, 1951 lays down that the disqualification under section 8(3) thereof shall in the case of elected member of ..... parliament or legislature of a state, shall not take into effect until a final court has confirmed the conviction and sentence. the submission was rejected by a constitution bench. it is apposite to refer to the observations made by the supreme court:section 8 ..... (4) opens with the words 'notwithstanding anything in sub-section (1), sub-section (2) or sub-section (3)', and it applies only to sitting members of legislatures. there is no challenge to it on the basis that ..... teacher education (guidelines for b.ed., through correspondence for regular serving teachers) regulations, 1996 (for short, the regulations) framed by ncte under section 32(2) read with section 12 of the ncte act and also the brochure issued by ncte, new delhi, which contains the information to all the educational institutions offering b.ed., degree course through .....Tag this Judgment!
Court : Orissa
Reported in : (1999)ILLJ464Ori
..... from a conviction has been provided in any law, the said disqualification shall stand removed. in many statutes there are prohibitions on a convict from standing in election. section 8 of the representation of the people's act, 1951 provides, inter alia, that a person convicted of certain offences punishable under certain provisions of the indian penal code or under some other ..... acts shall be disqualified to be a member of parliament or member of the state legislature. section 25(1) of the orissa grama panchayat act, 1964 provided that a person shall be disqualified for ..... appellant was released on probation by the trial magistrate who recorded the order of conviction, the disciplinary authority should not have dismissed him from service having regard to section 12 of the act. the court considered the aforesaid submission and held that the offender who had been released on probation shall not suffer disqualification attaching to a conviction of the ..... the prayer made and in the facts and circumstances of that case, the court admitted the convict to the benefit of section 3 of the act and directed his release on probation of good conduct under section 4 after due admonition.8. in the back-drop of the decisions referred to above, it has now to be considered whether the disciplinary authority .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC2731; 2005(1)BLJR434; 2005CriLJ3091; [2005(3)JCR244(SC)]; JT2005(2)SC271; 2005(II)OLR(SC)191; RLW2005(2)SC261; (2005)3SCC551; 2005(1)LC587(SC)
..... of that juvenile.31. in this connection it is pertinent to note that section 16 of the 2000 act is identical to section 22 of the 1986 act. similarly section 15 of the 2000 act is in pari materia with section 21 of the 1986 act. thus, such an interpretation does not offend article 20(1) of ..... official gazette issued by the central government in exercise of the powers conferred by sub-section (3) of section 1 of the act. section 69(1) of the act repealed the 1986 act. it reads:-69. repeal and savings.-(1) the juvenile justice act 1986 (53 of 1986) is hereby repealed.(2) notwithstanding such repeal, anything done ..... a juvenile who is said to have committed an offence on the date of the occurrence. we may also notice the provisions of section 18 of the 1986 act. section 18 provides for bail and custody of juveniles. it reads:-18. bail and custody of juveniles.(1) when any person accused of ..... alleged offence which he has been found to have committed. in our view, therefore, what was implicit in 1986 act has been made explicit in 2000 act.12. section 32 of the 1986 act deals with the presumption and determination of age, which reads:'32. presumption and determination of age.-(1) where it ..... section 32 of the act and submits that cumulative reading of the provisions as well as of the scheme of the act would show that the reckoning date for determining the date of juvenile would come into play only when a juvenile appears or is brought before the authority/court and not the date of an offence.8 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009(57)BLJR1608; 2009(111)BomLR2116; 2009CriLJ2785; (2009)3GLR1833(SC); JT2009(4)SC614; 2009(4)SCALE369; (2009)5SCC787; 2009(4)LC2036(SC)
..... (supra). but in that case, the petitioner was a sitting mp and he could have continued as an mp even after his conviction and sentence in view of section 8(4) of the representation of people act, 1951. the petitioner in navjot singh sidhu's case (supra) resigned and expressed his desire to contest the election. in fact, that was a case where the trial ..... case. despite all these favourable circumstances, we do not think that this is a fit case where conviction and sentence could be suspended so that the bar under section 8(3) of the representation of people act, 1951 will not operate against the petitioner. law prohibits any person who has been convicted of any offence and sentenced to imprisonment for not less than two years from ..... circumstances and the petitioner in this case is not entitled to any such relief in view of the serious crime allegedly committed by him. it was argued that under section 8(3) of the representation of people act, 1951, any person who has been convicted of any offence and sentenced to imprisonment for not less than two years, except any offence referred to in sub ..... family which has been in long public service in the country and the petitioner is now desirous of contesting election to the house of people from lucknow parliament constituency and in view of section 8(3) of the representation of people act, 1951, he has incurred disqualification from contesting the election for becoming a member of either house of parliament. therefore, it is prayed that the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2007(3)AWC3078; 2007(3)SCALE688; (2007)9SCC330
..... perused the record. 6. the main question before us is whether the view taken by the learned single judge of the high court is correct or not? section 8(3) of the representation of people act, 1951 is reproduced hereunder:8. disqualification on conviction for certain offences.-(1) ...(2) ... (3) a person convicted of any offence and sentenced to imprisonment for not less than two years (other ..... , the returning officer could not cancel his nomination.3. the lost candidate filed the present election petition raising the question of disqualification of appellant under section 8(3) of the representation of people act, 1951 (hereinafter referred as 'the r.p. act'). the defence of the appellant was that the execution of judgment and conviction dated 9.5.2002 was stayed by the appellate court by its ..... than any offence referred to in sub-section (1) or sub-section (2) shall be disqualified from the date of such conviction and shall continue to be disqualified for a .....Tag this Judgment!