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

Mar 30 2007

Sharad Madhavrao Patil Vs. Rohidas Chudaman Patil

  • Decided on : 30-Mar-2007

Court : Mumbai

Reported in : 2008(2)BomCR883

... from 88-Kusumba Legislative Assembly Constituency in Dhule District on the ground of corrupt practices as enumerated under the provisions of Sections 123(1) and (8) and 100(1)(b) (iii) and (iv) of the Representation of the People Act, 1951 (for short, 'the Act').FACTUAL MATRIXThe petitioner pleads that he is a valid elector and competent to contest election to the Legislative Assembly ... pay special costs of Rs. 10,000/- (Rs. ten thousand) to the respondent, returned candidate.(iv) The Registry of this Court to comply with the requirements of Section 103 of the Representation of the People Act 1951 by intimating the substance of the decision arrived at in the election petition to the Election Commission and the Chairman of the State Legislature at the ... booth capturing by the supporters of the respondent amounting to corrupt practice as per Section 123(8) of the Representation of the People Act?-No-16) Whether the election of the respondent is liable to be set aside as per Section 100(1)(b) and (d) of the Representation of the People Act?-No-17) Whether the petitioner proves that the respondent is guilty of committing ... as enumerated under the provisions of Section 123(1)(a) of the Representation of the People Act?-No-6) Whether the petitioner proves that respondent bribed the voters of village Ajang?-No-7) Whether the petitioner proves that respondent bribed the villagers by offering them cash in the form of 'Ovalanf after doing 'Aukshari?-No-8) Whether the petitioner proves that ...

Dec 18 1963

Kadethotada Gulappa Basappa Vs. Election Officer, Naregal Town Panchay ...

  • Decided on : 18-Dec-1963

Court : Karnataka

Reported in : AIR1965Kant62; AIR1965Mys62; ILR1964KAR165; (1964)1MysLJ355

... in order to enable the Returning Officer to satisfy himself that the proposer is actually an elector of the constituency, and as a matter of fact sub-section (4) of section 33 (of Representation of the People Act, 1951) now lay upon the Returning Officer the duty of satisfying himself after comparison with the electoral rolls that such is actually the case. The requirement of mentioning ... number of the proposer in the nomination form must, therefore, be regarded as a matter of substance.'It is observed that the provision of section 33(4) of the Representation of the People Act, is in pari materia with Rule 8 (4) of the Rules. In : AIR1954Mad730 , their Lordships observe that the failure to fill up the particulars as to the name of the constituency ... Representation of the People Act, 1951) now lay upon the Returning Officer the duty of satisfying himself after comparison with the electoral rolls that such is actually the case. The requirement of mentioning the name and the electoral roll number of the proposer in the nomination form must, therefore, be regarded as a matter of substance.'It is observed that the provision of section 33 ... on behalf of the petitioner is that when provision for the awarding costs has been made in Section 13(2) of the Act, the Civil Judge cannot resort to the provision of Section 35-A of the C.P.C. In this connection the provisions of Section 13(2) require to be examined. It states :'The Munsiff shall, after such enquiry as he deems ...

Dec 05 2003

Elchuri Thulisamma Vs. Elchuri Samrajyam and Ors.

  • Decided on : 05-Dec-2003

Court : Andhra Pradesh

Reported in : 2004(2)ALT586

... Section 83 of the Representation of the People Act, 1951 would clearly disclose some difference and hence though upto some extent the expressions are similar, they are not exactly in pari materia. Hence, the rigor of Section 83 of the Representation of the People Act, 1951 as such cannot be imported into the Election Petitions under the Act though the principles laid down in the Representation of the People Act, 1951 ... Section 83 of the Representation of the People Act, 1951 as such cannot be imported into the Election Petitions under the Act though the principles laid down in the Representation of the People Act, 1951 in this regard cannot be totally ignored. At any rate, this is a significant deviation.8. In S.B. Noronah v. Prem Kumari while dealing with pleadings, in the context of Delhi Rent Control Act ... Section 123(8).'9. As already referred to supra, I have pointed out the difference of language employed in Section 83 of the Representation of the People Act, 1951 and Rule 3(ii) of the Rules under the Act and in the light of the substantial difference of language relating to full particulars, the principle relating to the striking of the pleadings in toto as such under the Representation ... Representation of the People Act, 1951 held:'The appointment of a Government servant as a polling agent does not per se contravene Section 123(8). So long as the polling agent confines himself to his work as such agent of merely identifying the voters, it cannot be said that Section 123(8) ...

Oct 21 2005

Amrendra Singh son of Late Tara Chandra Singh Vs. State of U.P. throug ...

  • Decided on : 21-Oct-2005

Court : Allahabad

Reported in : 2006(1)AWC917

... period of continued disqualification for a further period of six years. It is clear from a bare reading of Sub-section (3) of Section 8 of R.P.A. That the actual period of imprisonment is relevant. The provisions of Section 8 of the Representation of the People Act, 1951 have to be construed in harmony with the provisions of the Code of Criminal procedure, 1973 and in such ... bail. The constitutional Bench of the apex Court in the case of K. Prabhakaranv.P. Jayarajan (supra) has settled the controversy. The constitution Bench while interpreting Sub-section (3) of Section 8 of the Representation of People Act, held that the period of disqualification commences from the date of conviction whether or not the person has been taken into custody to undergo sentence of imprisonment. It ... because he was not taken into custody or taken on bail or was absconding. Following has been laid down by the apex Court in paragraph 47 :-'47...Under Sub-section (3) of Section 8 of R.P.A. The period of disqualification commences from the date of such conviction.. The disqualification continues to operate for a further period of six years calculated from ... 7.8.2000 passed in writ petition No. 32421 of 2000 Smt. Shyam Sakhi and Ors.v.The State Election Commission and Ors.5. Learned counsel appearing for the respondent No. 5 contended that the petitioner having been convicted by criminal court for a period of three years is disqualified as per Section 5-A (K) of the U.P. Pranchayat Raj Act ...

Feb 03 1986

Baboolal Vs. Kankar Mujare and Ors.

  • Decided on : 03-Feb-1986

Court : Madhya Pradesh

Reported in : AIR1988MP15; 1987MPLJ146

... a) Whether the respondent 1 wasdisqualified to contest the election underS. 8(2) of the Representation of the PeopleAct, 1951 ? (b) If so, is the election of the respondent 1 void under Section 100(1)(a) of the Representation of the People Act, 1951.2. Or, is the respondent No. 1 covered under Section 8(3) of the Representation of the People Act, 1951 ?3. Relief, if any.6. Since the questions involved ... the election of the respondent 1, the relumed candidate, under the provisions of Section 100(1)(a) of the Representation of the People Act, 1951 (hereinafter referred to as the Act) on the ground that the respondent No. 1 was disqualified from being chosen as a candidate within the meaning of Section 8(2) of the Act.2. The undisputed material facts are as under : -(a) The respondents ... meaning of Section 8(2) of the Act on 7/8-12-1977 and the further period of disqualification of five years, as prescribed therein, commences from 7/8-12-1977 and, therefore, the disqualification under Section 8(2) of the Act gets extinguished on 7/8-12-1982 and thus, the respondent No. 1 was not disqualified to contest the election under Section 100(a) of the Act.24. ... within the meaning of Section 8(2) of the Act on 7/8-12-1977 after having undergone the sentence awarded to him on his conviction on 20-1-1981 and the further period of five years of disqualification as prescribed under Section 8(2) of the Act commences from 7/8-12-1977 and the disqualification would come to an end on 7/8-12-1982 and ...

Aug 02 1999

Chhatarsingh Vs. Gajendra Singh and Ors.

  • Decided on : 02-Aug-1999

Court : Madhya Pradesh

Reported in : AIR1999MP284; 2000(1)MPLJ118

... require no evidence : 1. (a) Whether release of the Petitioner on 23-1-88 by the State Government under Section 2 of the M.P. Prisoners Release on Probation Act, 1954, fell within the purview of release under Section 8(3) of the Representation of the People Act, 1951? (b) Whether the nomination papers of the Petitioner for election to 12th Lok Sabha from Dhar (Scheduled Tribe) Lok ... respondents No. 2 and 3; the Petitioner has filed this Election Petition under Section 81 of the Representation of the People Act, 1951, (for short, 'The R.P. Act'), calling in question the election of respondent No. 1 on the ground specified in the Clause (c) of Section 100(1) of the R.P. Act, to obtain under noted reliefs: (i) that the election of respondent No. 1 ... Parliament. Section 8(3) of The R.P. Act, 1951, is such a 'law' which pronounces disqualification on conviction for a specified term till 6 years from the date of release. The provision thus reads : (3) A person convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in Subsection (1) or Sub-section (2 ... Sections 6 and 7). Section 4 of the Act clearly lays down that the period of release under the provisions of this Act shall be reckoned as imprisonment for computing period of sentence served. The release under the Act is, therefore, not a release from conviction or imprisonment and does not amount to termination of the imprisonment, as envisaged Under Section 8(3) of The R. P. Act ...

Jan 14 1974

Ajit Prasad Narayan Singh Vs. Smt. Nandini Satpathy

  • Decided on : 14-Jan-1974

Court : Orissa

Reported in : AIR1975Ori184

... regulate the proceedings under the Representation of the People Act, 1951 (Act 43 of 1951). Rule 4 of the High Court Rules provides that:-- 'Every Election petition accompained by copies as prescribed under Section 81(3) of the Act shall be presented under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the Act), either in person or by ... the petition liable to be dismissed for non-compliance with the provisions of Sections 81, 82, 83 and 117 of the Representation of the People Act, 1951? (7) Whether the verification of petitioner is invalid and the petition is liable to be rejected on that score? (8) Whether the petition is liable to be rejected on account of ... Section 81 of the Act. Section 81 of the Act provides for 'presentation' of an election petition. The Actnowhere designates the special mode of presentation. Orissa High Court has framed certain Rules to regulate the proceedings under the Representation of the People Act, 1951 (Act 43 of 1951). Rule 4 of the High Court Rules provides that:-- 'Every Election petition accompained by copies as prescribed under Section 81(3) of the Act ... dismissed under Section 86(1) of the Representation of the People Act, 1951? (12) Has any alteration and modification been made in the verification and affidavit annexed to the petition without authority of law? If so, has the petition become invalid, infructuous and liable to be dismissed under Section 86(1) of the Representation of the People Act, 1951? (14) ...

Sep 16 1993

Avtar Singh Vs. Harcharan Singh Brar and others

  • Decided on : 16-Sep-1993

Court : Punjab and Haryana

Reported in : AIR1994P& H161

... petitioner also levelled allegations. of commission of corrupt practices under Section 123(7) of the Representation of the People Act, 1951 (hereinafter referred to as the Act), that is, procuring the assistance of police personnel; under Section 123(8) of the Act of booth capturing and bogus polling and undue influence as defined in Section 123(2) of the Act.4. In the written statement filed on behalf of respondent ... to be dismissed for the reason that the same is not verified in accordance with law? OPD 8. Whether the petition deserves to be dismissed for the reason that Annexures P1 to P5 have not been verified in accordance with the provisions of Section 83 of 1951 Act and Order 6 Rule 15 of the Code of Civil Procedure? OPD 9. Whether the ... police personnel; under Section 123(8) of the Act of booth capturing and bogus polling and undue influence as defined in Section 123(2) of the Act.4. In the written statement filed on behalf of respondent No. 1, the preliminary objections taken were that the petition has not been duly verified in accordance with the mandate of Section 83 of the Act read with Order ... Act), that is, procuring the assistance of police personnel; under Section 123(8) of the Act of booth capturing and bogus polling and undue influence as defined in Section 123(2) of the Act.4. In the written statement filed on behalf of respondent No. 1, the preliminary objections taken were that the petition has not been duly verified in accordance with the mandate of Section ...

Jun 03 1999

Nand Singh Vs. Ajit Inder Singh

  • Decided on : 03-Jun-1999

Court : Punjab and Haryana

Reported in : AIR1999P& H262; (1999)123PLR764

... Mansa as member of the Legislative Assembly of the State of Punjab from the aforesaid constituency and further to hold the respondent guilty of committing corrupt practices under Section 123(8) of the Representation of People Act, 1951. He also seeks a declaration to the effect that the respondent aforesaid was disqualified for a period of six years because of committing corrupt practices.2. General elections ... -sections (1) to (8) of Section 123 of the Representation of the People Act as the same are quasi-criminal in nature. It will be useful to refer to the observations made by the Hon'ble Apex Court on this point contained in para 8, which reads as under :'It is well settled that an allegation of corrupt practices within the meaning of Sub-sections (1) to (8) of Section ... Section 123 of the Representation of the People Act as the same are quasi-criminal in nature. It will be useful to refer to the observations made by the Hon'ble Apex Court on this point contained in para 8, which reads as under :'It is well settled that an allegation of corrupt practices within the meaning of Sub-sections (1) to (8) of Section 123 of the Act ... working as SHO, Police Station Jhuneer when FIR No. 9 dated 8-2-1997 was registered in respect of the said occurrence under Sections 353, 186, 188, 336, 506, 148 and 149 of the Indian Penal Code, Sections 25 and 27/54/59 of the Arms Act and Section 135-A of the Representation of People Act. He stated that this FIR was got registered by Sukhjivan Singh ...

Feb 04 1954

Raj Krushna Bose Vs. Binod Kanungo and Ors.

  • Decided on : 04-Feb-1954

Court : Supreme Court of India

Reported in : AIR1954SC202; (1954)IMLJ489(SC); [1954]1SCR913

... the proposers and seconders referred to above were admittedly Government servants that constituted a major corrupt practice and so invalidated the election under section 123(8) of the Representation of the People Act, 1951 (No. XLIII of 1951). The other of the two decided issues does not concern this appeal. 6. The appellant thereupon petitioned the High Court for a writ ... special jurisdiction under article 136. 8. The only sections we are called upon to consider are sections 33(2) and 123(8). The former provided that - 'Any person whose name is registered in the electoral roll of the constituency and who is not subject to any disqualification mentioned in section 16 of the Representation of the People Act, 1950 (XLIII of 1950) ... Now, does section 123(8) contain express provision to the contrary or can such provision be inferred by necessary implication ? It is usual, when one section of an Act takes away what another confers, to use a non-obstacle clause and say that 'notwithstanding anything contained in section so and so, this or that will happen', otherwise, if both sections are clear ... section is concerned they are not disqualified from proposing and seconding a candidate's nomination. 12. Now, does section 123(8) contain express provision to the contrary or can such provision be inferred by necessary implication ? It is usual, when one section of an Act takes away what another confers, to use a non-obstacle clause and say that 'notwithstanding anything contained in section ...

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