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Search Results Judgments > Phrase:Representation of the People Act

Nov 07 1975

Smt. Indira Nehru Gandhi Vs. Shri Raj Narain and Anr.

  • Decided on : 07-Nov-1975

Court : Supreme Court of India

Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347

... Representation of the People Act, 1951, the Representation of the People (Amendment) Act, 1974 and the Election Laws (Amendment) Act, 1975 are mentioned in Entry 87.12. The respondent contends that the Representation of the People (Amendment) Act, 1974 and the Election Laws (Amendment) Act, 1975 referred to as the Amendment Acts, 1974 and 1975 do not enjoy Constitutional immunity because these Acts ... Act is that in the Ninth Schedule to the Constitution after Entry 86 and before the Explanation several Entries Nos. 87 to 124 inclusive are inserted. The Representation of the People Act, 1951, the Representation of the People (Amendment) Act, 1974 and the Election Laws (Amendment) Act, 1975 are mentioned in Entry 87.12. The respondent contends that the Representation of the People (Amendment) Act, 1974 and the Election Laws (Amendment) Act ... Act, 1975 in Section 5 thereof enacts that in the Ninth Schedule to the Constitution after entry 86, inter alia, the following Entries shall be inserted, namely:87. The Representation of the People Act, 1951 (Central Act 43 of 1951); the Representation of the People (Amendment) Act, 1974 (Central Act 58 of 1974); and the Election Laws (Amendment) Act, 1975 (Central Act ...

Jul 25 1969

Addigiri Vengamumi Vs. Chukkalooru Narayanappa and Anr.

  • Decided on : 25-Jul-1969

Court : Andhra Pradesh

Reported in : AIR1970AP337

... Representation of the People Act.11. There are two Acts of Parliament: The Representation of the People Act, 1950 and the Representation of the People Act, 1951 which have to be read together as forming complete Code. The Representation of the People Act, 1950 will hereafter be referred to for convenience as the R. P. Act, 1951 as R. P. Act of 1951.12. Section 2(1)(e) of the R. P. Act ... Acts of Parliament: The Representation of the People Act, 1950 and the Representation of the People Act, 1951 which have to be read together as forming complete Code. The Representation of the People Act, 1950 will hereafter be referred to for convenience as the R. P. Act, 1951 as R. P. Act of 1951.12. Section 2(1)(e) of the R. P. Act of 1951 defined 'elector' thus:'2. (1) In this Act ... Council. The Municipal Act itself does not enact any provision as to the qualifications as a voter at an election to the State Legislative Assembly. This necessarily takes me on to the qualifications of voters under the Representation of the People Act.11. There are two Acts of Parliament: The Representation of the People Act, 1950 and the Representation of the People Act, 1951 which ... of the Representation of the People Act, 1950 and that except as provided therein a person is entitled to vote as laid down in section 62 of the Representation of the People Act, 1951. It was pointed out that in that the voters suffered from any of the disqualifications set out in section 16 of the Representation of the People Act, 1950, ...

Aug 13 2010

S.P.K.Dhamodhar. Vs. Narayanasamy, And Anr.

  • Decided on : 13-Aug-2010

Court : Chennai

... under Section 33-A of the Representation of the People Act, 1951, it cannot be a ground under Section 100 of the Representation of the People Act, 1951. In fact, Section 125-A of the Representation of the People Act, 1951, provides the penalty for the failure of a candidate to furnish information relating to sub Section 1 of Section 33-A of the Act, as imprisonment for a ... the said Act. Even assuming, without admitting, that there was a willful suppression of a material fact, which was required to be disclosed by the contesting candidate, under Section 33-A of the Representation of the People Act, 1951, it cannot be a ground under Section 100 of the Representation of the People Act, 1951. In fact, Section 125-A of the Representation of the People Act, 1951, ... the Representation of the People Act, 1951.52. The learned counsel had also submitted that Section 33-A of the Representation of the People Act, 1951, cannot be a ground for setting aside the election of the first respondent for the reason that the grounds for an election to be declared as void are specified in Sections 100 and 101 of the Representation of the People Act, ... Sections 100 and 101 of the Representation of the People Act, 1951, as per Section 81 of the said Act. Since, no ground had been made out in the present case, in accordance with Section 100 of the Representation of the People Act, 1951, the election petition filed by the petitioner is contrary to Section 81 of the said Act. In fact, the election petition filed ...

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 ...

Nov 03 2000

B.S. Yadiyurappa Vs. Mahalingappa and Others

  • Decided on : 03-Nov-2000

Court : Karnataka

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

... the realm of trial of election petition is provided under this Act or under any of the rules made under the Representation of the People Act, the provisions of the Code of Civil Procedure will not be applicable to the extent of inconsistency with the provisions of special law under the Representation of the People Act and the special provisions will apply. Where there is no special ... with a situation, then the special provision contained in the Representation of the People Act and the rules will prevail.18. As regards the question who can be the parties to an election petition, the light is thrown by Sections 81(1) and 82 of the Act. Section 81 of the Representation of the People Act provides that an election petition challenging the election may be presented ... has been filed 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 persons who ... and the District Election Officer could not be impleaded as parties in view of Section 82 of the Representation of the People Act. In paragraphs 3 and 4 of the affidavit to the application under Section 82 read with Section 86 of the Representation of the People Act, 1951, for dismissal of the election petition, it has been stated as under:'3. I submit that the ...

Aug 22 2006

Kuldip Nayar Vs. Union of India (UOI) and Ors.

  • Decided on : 22-Aug-2006

Court : Supreme Court of India

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

... Representation of the People Act, 1951, different stages of the process being dealt with by different provisions of the Act. There can be no election to Parliament or the State Legislature except as provided by the Representation of the People Act, 1951 and again, no such election may be questioned except in the manner provided by the Representation of the People Act. So the Representation of the People Act ... . Nariman further submitted that the Constitution and the Representation of People Act, 1951 are to be read as an 'integral scheme'. In this context, reference was made to the fact that the Provisional Parliament that passed the Representation of People Act, 1950 and the Representation of People Act, 1951 was the same as the Constituent ... Representation of People Act together as constituting a scheme, it was observed as under:(e) Neither, under the Constitution nor under the Representation of the People Act, any period of limitation has been prescribed for holding election for constituting Legislative Assembly after premature dissolution of the existing one. However, in view of the scheme of the Constitution and the Representation of the People Act ... of India, petitioner seeks to challenge amendments made in the Representation of People Act, 1951 (for short, 'the RP Act', 1951') through Representation of People (Amendment) Act 40 of 2003 which came into force from 28th August, 2003. By the said Amendment Act 2003, the requirement of 'domicile' in the State Concerned ...

Aug 29 2005

T.R. Baalu Vs. S. Purushothaman and Ors.

  • Decided on : 29-Aug-2005

Court : Chennai

Reported in : AIR2006Mad17; (2005)4MLJ310

... compliance of either the provisions of the Constitution or of the Representation of People Act or of any rules or orders made under this Act. As regards any orders made under this Act, the Election Commission of India has not been vested with any powers to make any orders under the provisions of the Representation of People Act. It was, therefore, the Supreme Court held in the ... was no non-compliance of the provisions of the Representation of People Act or of any Rules or Order made under the Act, and thus, there is absolutely no averment in the election petition that the returned candidate has committed any violation of the provisions of the Representation of People Act or any Rules or Orders made under the Act; that the prime plea of the election ... Representation of People Act. From the provisions of law under which the election petitioner seeks to have the petitioner's election set aside, i t is clear that there should be a non-compliance of either the provisions of the Constitution or of the Representation of People Act or of any rules or orders made under this Act. As regards any orders made under this Act, ... legal submissions with regard to the application of Sec. 100 of the Representation of People Act, Article 324, the provisions of the Representation of People Act, the question as to whether the judgment of the Supreme Court is not res-integra and further as to whether Sec. 100 of the said Act falls within the meaning of occupied field of legislation not leaving it open ...

Nov 13 1981

Mian Bashir Ahmad and etc. Vs. State of J. & K. and Ors.

  • Decided on : 13-Nov-1981

Court : Jammu and Kashmir

... Act:--'The Jammu and Kashmir Representation of the People (Amendment) Act, 1979. Act No. XV of 1979(29th Sept., 1979)An Act to amend the J. and K. Representation of the People Act, 1957 :Be it enacted by the J. & K. State Legislature in the Thirtieth year of the Republic of India as follows :-- 1. Short title.-- This Act may be called the J. & K. Representation of the People (Amendment) Act ... People (Amendment) Act, 1979. Act No. XV of 1979(29th Sept., 1979)An Act to amend the J. and K. Representation of the People Act, 1957 :Be it enacted by the J. & K. State Legislature in the Thirtieth year of the Republic of India as follows :-- 1. Short title.-- This Act may be called the J. & K. Representation of the People (Amendment) Act, 1979.2. Insertion of Section 24-G in Act ... Representation of the People Act, 1957 :Be it enacted by the J. & K. State Legislature in the Thirtieth year of the Republic of India as follows :-- 1. Short title.-- This Act may be called the J. & K. Representation of the People (Amendment) Act, 1979.2. Insertion of Section 24-G in Act IV of 1957,-- After Section 24-F of the J. & K. Representation of the People Act ... of the J. & K. State Constitution, challenging the constitutional validity of Section 24-G of the I. & K. Representation of the People Act, 1957 as introduced in the Jammu and Kashmir Representation of the People Act by the impugned Act i.e. Act No. XV of 1979, have been referred to the Full Court for consideration and disposal, as important questions ...

Sep 14 1970

Shri Shiv Kirpal Singh Vs. Shri V.V. Giri

  • Decided on : 14-Sep-1970

Court : Supreme Court of India

Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197

... been materially affected by such undue influence. From the fact that both these Acts were enacted by the same Legislature and Act 31 of 1952 was passed after the Representation of the People Act was passed, it is clear that Parliament deliberately made Section 18 stricter than the Representation of the People Act, firstly, by using the words 'connivance of the returned candidate' instead of the ... be exercised arbitrarily. It was further stressed that, in the Act, no provision similar to Section 169(3) of the Representation of the People Act, 1951 or Section 28(3) of the Representation of the People Act, 1950, was included by Parliament so as to require that the Rules framed under Section 21 of the Act should be laid before each House of Parliament and that ... the Representation of the People Act, 1951. This section lays down corrupt practices for the purposes of that Act which include undue influence upon proof of which an election has to be set aside. Though undue influence for purposes of that Act has the same meaning as in the present Act, that section does not go as far as Section 18 of the present Act ... People Act, 1951, as amended by the Amending Act 27 of 1956, came up for consideration. Prior to the Amending Act 27 of 1956, Section 33, dealing with this subject, specifically laid down 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 ...

Jun 28 1962

Dwijendra Lal Sen Gupta Vs. Harekrishna Konar

  • Decided on : 28-Jun-1962

Court : Kolkata

Reported in : AIR1963Cal218,66CWN917

... : [1959]1SCR368 . Section 82 of the Representation of the People Act is quite exhaustive.'16. Although reference was made at the Bar in that case to the case of Inayatullah Khan v. Diwanchand Mahajan : AIR1959MP58 contending that Section 82 of the Representation of the People Act does not say that the Returning Officer is a 'necessary' party, the Act equally does not say that he ... question before us under the Representation of the People Act, 1951. Under Section 46 of the Calcutta Municipal Act, which Mitter, J., was interpreting, election Court could not declare a person elected and all that it could do was to set aside an election and direct holding of a fresh election.But here under the Representation of me People Act the Election Tribunal is given ... 82 of the Representation of the People Act did not render the petition liable to be dismissed. The present amendments make it quite clear that non-compliance with the amended Section 82 of the Representation of the People Act shall make the petition liable to be dismissed. That can be seen from Section 85 and Section 90(3) of the present Act as amended where ... under the Representation of me People Act the Election Tribunal is given the power expressly not only to declare the election void but also to declare the petitioner or any other candidate to have been duly elected without going through any fresh election. See Section 98 of the Representation of the People Act in contrast to Section 46 (2) of the Calcutta Municipal Act which ...

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