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Search Results Judgments > Act:Representation of the People Act

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

... J.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 holding ... 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 (2) ... 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 the Amendment Act, 1956 did ... to Legislative Councils of States. Clause (4) of Article 171 enacts that the members to Legislative Councils of States would be elected in accordance with the system of proportional representation by means of single transferable vote. Part VII of the Conduct of Election Rules, 1961 (hereinafter referred to as 'the Rules') also deals with the manner of counting of ...

Aug 22 2005

Singam Satyanarayana and Ors. Vs. Election Officer and Deputy Chief Ex ...

  • Decided on : 22-Aug-2005

Court : Andhra Pradesh

Reported in : 2005(6)ALT1

... to what is the statutory position regarding the elections to a 'House'.34. The law in this regard is primarily contained in two enactments viz., the Representation of the People Act, 1950 and the Representation of the People Act, 1951. The earlier of the two enactments deals with the composition of each of the House and the delimitation of Constituencies for the purpose of the election ... R.P. Act, 1951 did not employ the expression 'recognized political party' anywhere. It is for the first time that expression was introduced in the R.P. Act in 1966. We have already examined the meaning of the expression 'recognised political party'. For the same reasons even under the proviso to Section 33(1) of the Representation of the People Act, 1951 (R.P. Act), the ... to the amendment in 1966 of the R.P. Act never recognized the setting up of a candidate at any election governed by the Act by a political party either recognized or unrecognized. Rules are framed by the Government of India in exercise of the power under Section 169 of the Representation of the People Act, 1951 known as The Conduct of Elections Rules, 1961 ... above mentioned bodies and the method and manner of conducting elections to those bodies are dealt under the latter enactment. Part 5 of the 1951 Act deals with nominations at the elections. Though the Representation of the People Act, 1951 does not expressly provide for setting up of a candidate at an election by a political party, by necessary implication from the language, the ...

Feb 10 1993

R.C. Poudyal and Ors. Vs. Union of India and others

  • Decided on : 10-Feb-1993

Court : Supreme Court of India

Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891

... Representation of the people Act, 1950 (hereinafter referred to as the '1950 Act') and the Representation of the People Act, 1951 (hereinafter referred to as the 1951 Act') by the Election Laws (Extension to Sikkim) Act, 1976 (10 of 1976) (hereinafter referred to as the '1976 Act') and the Representation of the people (Amendment) Act, 1980 (Act No. 8 of 1980) (hereinafter referred to as the '1980 Act ... Act, 1975 is violative of the basic features of democracy ?c) Whether Section 7(1 A) and Section 25A of the Representation of the People Act, 1950 [as inserted by Election Laws) (Extension to Sikkim) Act, 1976] and Representation of the People (Amendment) ACt, 1980 respectively] and Section 5A(2) of the Representation of the People Act, 1951 [as inserted by the Representation of the People (Amendment) Act ... Representation of the People Act, 1950 and the Representation of the People Act, 1951 to enable fresh elections to the Sikkim Assembly on certain basis considered appropriate to and in conformity with the historical evolution of the Sikkim's political institutions. The Ordinances was later replaced by Representation of the People (Amendment) Act, 1980 by which Sub-section (1-A) was inserted in Section 7 of the Representation of the People Act ...

Feb 06 2001

C. Veerabhadraiah Vs. C. Channigappa and Ors.

  • Decided on : 06-Feb-2001

Court : Karnataka

Reported in : ILR2001KAR4317; 2002(1)KarLJ279

... he contended that Section 83 of the Representation of the Peoples Act, 1954 (an 'Act' in short) makes clear that corrupt practice have to be specifically pleaded by way of facts and particulars, vague allegations do not make the cause of action. It is also sought to be contended that Section 123(3) of the Representation of Peoples Act are not attracted. The use of photographs ... contains the pleadings as required under Section 100 of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act' in short) and further the material facts and particulars have been pleaded as required under Section 83(a) and (b) of the Act and as well as the ingredients of Section 123 of the Act are also forthcoming. To appreciate the contention, the ... found in the election petition. In the case of Samant N. Balakrishna and Anr. v. George Fernandez and Ors., while considering the ingredients of Section 83 of the Representation of the People Act, 1951 (an 'Act' in short) at para 29 of the said decision, it is observed that the election petition can be presented on one or more grounds specified in Sub- ... the improper reception of votes which is void; and (iii) by the non-compliance with the provisions of the Constitution and the provisions of the Representation of the People Act, 1951 as also Rules and Orders made under the Act'.It was, therefore, wrongly, found that in the absence of specific pleadings and full particulars of corrupt practices, the election petition deserved rejection ...

Feb 23 2009

People's Union for Civil Liberties and Anr. Vs. Union of India (UOI) a ...

  • Decided on : 23-Feb-2009

Court : Supreme Court of India

Reported in : (2009)5MLJ587(SC); 2009(3)SCALE22; (2009)3SCC200; 2009(2)LC850(SC):2009AIRSCW2819

... Representation of the People Act which is a complete and self-contained code and within it must be found any rights claimed in relation to an election or an election dispute.In Rama Kant Pandey v. Union of India : [1993]1SCR786 a three-Judge Bench examined challenge to the Representation of the People (Amendment) Ordinance, 1992 (Ordinance No. 1/1992) and the Representation of the People ... by Delhi High Court in the writ petition filed by Association for Democratic Reforms and another, the Representation of the People Act, 1951 (for short `the Act') was amended by Amending Act No. 3 of 2002 and Section 33A and Section 33B were inserted in it. People's Union for Civil Liberties challenged the vires of Section 33B by which it was declared ... funds in the form of black money to the political parties, Parliament amended the Companies Act, Income-Tax Act and the Representation of the People Act. The object of these amendments was to bring transparency in election-funding. Common Cause, a society registered under the Societies Registration Act filed petition under Article 32 of the Constitution for issue of a direction to the ... v. Union of India (supra) on which reliance has been placed by the learned Additional Solicitor General, the Constitution Bench examined the petitioner's challenge to the Representation of People (Amendment) Act 40 of 2003 by which the requirement of domicile in the concerned State for getting elected to the Council of States was deleted. The Court also examined ...

Feb 19 2008

Sh. Jaspal Singh Vs. Sh. O.P. Babbar

  • Decided on : 19-Feb-2008

Court : Delhi

Reported in : 149(2008)DLT205; 2008(101)DRJ283

... order dated 2nd November, 2000 held that it is the function of the Parliament to make necessary amendments in the Representation of the People Act, 1951 or the Election Rules and, thereforee the Court cannot pass any order, as prayed, for amending the Act or the Rules.14. However, the Delhi High Court considered whether or not an elector, a citizen of the country ... under the Representation of the Peoples Act and its Third Amendment.32. A statute is an edict of the Legislature and the conventional way of interpreting or construing a statute is to seek the 'intention' of its maker. A statute is to be construed according 'to the intent of those who make it' and 'the duty of the judicature is to act upon the ... returning officer rejected the nomination paper filed by S. Ranjit Singh by passing the following order:I have examined the nomination paper in accordance with Section 36 of The Representation of the People Act, 1951 and decided as follows:Nomination paper examined with its enclosures and following deficiencies noted:(i) Affidavit as prescribed by ECI not complete and not attested by Notary on ... person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in Section 16 of the Representation of the People Act, 1950 (43 of 1950).(8) Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare ...

Sep 13 1967

Kanailal Bhattacharjee Vs. Nikhil Das and Anr.

  • Decided on : 13-Sep-1967

Court : Kolkata

Reported in : AIR1969Cal267

... Representation of the People Act, 1951. One of the grounds is that the result of the election, In so far as it concerns a returned candidate has been materially affected by any non-compliance with the provisions (a) of the Constitution or (b) of this Act (that is the 1951 Act) or (c) of any rules or orders made under this Act (that is the 1951 Act ... materially affected by non-compliance with the provisions of the Constitution or the Representation of the People Act, 1951 or any rules or orders made under the Representation of People Act 1951? 5. Has this Court jurisdiction to entertain or try the present petition and/ ... Act.7. The provisions for 'residence' of an elector are to be found in the Representation of the People Act, 1950 and the Rules made thereunder. It would be convenient at this stage to refer to these provisions. In the preamble to the 1950 Act it is stated that this is 'An Act ... Representation of the People Act, 1950 and the Rules made thereunder. It would be convenient at this stage to refer to these provisions. In the preamble to the 1950 Act it is stated that this is 'An Act to provide for the allocations of seats in, and the delimitation of constituencies for the purpose of elections to, the House of the people ... Representation of the People Act, 1951 which provides that any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act, that is, the 1951 Act ...

Feb 03 2006

Kuldeep Pednekar Vs. Ajit Pandurang Gogate and Ors.

  • Decided on : 03-Feb-2006

Court : Mumbai

Reported in : 2006(3)ALLMR606; 2006(4)BomCR392

... Code of Conduct are offences under the Act. On these grounds itself the election of the respondent No. 1 who is the returned candidate should be declared as void under Section 100(1) of the Representation of the People Act, 1951. The petitioner relies on Section 123, 125-A, 127-A, 130 and other relevant provisions of the Act.29. In these facts and ... of the Representation of the People Act, 1950 (hereinafter referred to as 'the Act'), In view of the pleadings filed, by order dated December 21, 2005, I formulated two issues being issues of law to be decided as preliminary issues. The same read thus: (1) Whether the Election Petition deserves to be dismissed within the meaning of Section 86(1) of the Act, as ... a false affidavit could and must lead to rejection of nomination paper. Filing of a false affidavit accompanying the nomination paper amounts to a criminal offence and is punishable under Representation of People Act, 1951. At the relevant time, the petitioner did not know the fact that the respondent No. 1 was infact indebted to Government and there were infact outstanding Government ... a false affidavit could and must lead to rejection of nomination paper. Filing of a false affidavit accompanying the nomination paper amounts to a criminal offence and is punishable under Representation of People Act, 1951. At the relevant time, the petitioner did not know the fact that the respondent No. 1 was infact indebted to Government and there were infact outstanding Government ...

Mar 13 2003

People's Union for Civil Liberties (PUCL) and Ors. Vs. Union of India ...

  • Decided on : 13-Mar-2003

Court : Supreme Court of India

Reported in : AIR2003SC2363; JT2003(2)SC528; 2003(3)SCALE263; (2003)4SCC399; [2003]2SCR1136

... not amount to having some control on unaccounted election expenditure?5. It is equally true that right step in that direction is taken by amending the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') on the basis of judgment rendered by this Court in Union of India v. Association for Democratic Reforms : [2002]3SCR696 . Still however, question to be decided ... 2002, the Representation of the People (3rd Amendment) Act, 2002 ('Amended Act' for short) was notified to come into force with retrospective effect. Thereafter, an amendment application was moved before us challenging the validity of Section 33B of the Amendment Act which was granted because there is no change in the cause of action nor in the wording of Section 33B of the Amended Act, validity ... , J.1. These writ petitions under Article 32 of the Constitution of India have been filed challenging the validity of the Representation of the People (Amendment) Ordinance, 2002 (No. 4 of 2002) ('Ordinance' for short) promulgated by the President of India on 24th August, 2002.2. There was an era when a powerful or a ... election. After election. elected candidate is required to furnish information relating to him as well as his spouse and dependent children's assets to the Speaker of the House of People. Para 48(4)Liabilities, particularly to Government And public financial institutions. No provision is made for the candidate contesting election.However, after election. Section 75A(1)(ii) & (iii) provides ...

Nov 23 2005

B. Dandapani Patro Vs. Bikram Keshari Arukha

  • Decided on : 23-Nov-2005

Court : Orissa

Reported in : AIR2006Ori47

... not be deleted.14. learned Counsel for the respondent contended that as per Sub-section (3) of Section 21 of the Representation of the People Act, 1950, the Election Commission may wink at the provision under Section 22 of Representation of the People Act 1950 and Rule 21-A of the Registration of Electors Rules, 1960 and direct for a special revision of the electoral Roll ... electors whose names were scored off the Electoral Roll before such scoring off, as required under Section 22 of the Representation of the People Act, 1950 read with Rule 21-A of Registration of Electors Rules 1960. Section 22 of the Representation of the People Act, 1950 reads as follows :-22. Correction of entries in Electoral Rolls:If the electoral registration officer for a constituency, on ... issues were framed:-(1) Whether the names of 14,000 voters have been deleted from the Electoral Roll in accordance with the provisions of the Representation of the People Act and the Rules ?(2) Whether the petitioner made representations on 7-4-2004 and 12-4-2004 to the Chief Election Officer regarding illegal deletion of names of 14000 voters from the Electoral Roll ... that since no ground specified in Sub-section (1) of Sections 100 and Section 101 of the Representation of the People Act, 1951 has been set out to set aside the election, the Election Petition is liable to be dismissed under Section 86 of the said Act.5. On the basis of instructions received from the Election Commission of India, the Government of Orissa ...

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