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Search Results Judgments > Phrase:REPRESENTATION OF THE PEOPLE ACT, 1951 Section 8 Page:8

Jan 11 2013

A.LASER Vs. V.ANBAZHAGAN

  • Decided on : 11-Jan-2013

Court : Chennai

... (i) the election petition does not contain valid verification of the pleadings as per Section 83 (1) (c) of the Representation of the People Act, 1951; (ii) the election petition does not contain material facts and full particulars constituting complete or full cause of action as required under Section 83 of the Act. (b) The entire election petition proceeds on a presumption that the Returned Candidate ... all requirements of the Representation of the People Act and the petition contains all material facts and full particulars constituting complete and full cause of action as required under the Act. (b) The averments made in paragraphs 8, 9, 12 to 20 and 25 have been made and verified in accordance with Section 83(1)(c) of the Representation of the People Act and order VI Rule ... allegation cannot be dismissed on ground of non-compliance with Section 83(1)(b) of the Representation of People Act, 1951.13. Thus, in the judgements referred to above, the Hon'ble Apex Court has held, (i) If general allegations are made in the election petition, Clause (a) of Section 83(1) of the Act requires only a concise statement of material facts in the ... also state the evidence on which he relies for his contentions. If this is accepted, it would be directly contrary to the provisions of Section 83(1)(a) and (b) of the Representation of People Act, 1951. As per Section 83(1)(a), the election petition shall contain a concise statement of the material facts on which the petitioner relies, which in my ...

Sep 02 2013

RAJ KUMAR JHA Vs. UNIVERSITY OF DELHI & ORS.

  • Decided on : 02-Sep-2013

Court : Delhi

... India.5. It is quite evident from a conjoint reading of Rules 17, 27M and 18 of the Conduct Election Rules, 1961 read with Section 60 of the Representation of Peoples Act, 1951 of Section 20(3) and (8) of Representation of People Act, 1950 that since a member of the armed forces, is a person having a service qualification, he is entitled to vote by post, at ... Representation of People Act, 1951, to the extent it is relevant, reads as under:60. Special procedure for voting by certain classes of persons.Without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this Act, for enabling, (a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section ... section 60 and registered as an elector in the last part of the electoral roll for the constituency Section 60 of the Representation of People Act, 1951, to the extent it is relevant, reads as under:60. Special procedure for voting by certain classes of persons.Without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this Act ... generality of the provisions contained in section 59, provision may be made, by rules made under this Act, for enabling, (a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the Representation of the People Act, 1950 (43 of 1950), (hereinafter in this section referred to as the 1950-Act) to give his vote ...

Oct 11 1972

Tejaram Gahlot Vs. Pukhraj Kalani and Ors.

  • Decided on : 11-Oct-1972

Court : Rajasthan

Reported in : AIR1973Raj138; 1972()WLN798

... examined whether the case is covered by Section 100(1)(c) of the Representation of the People Act thereby making the elec-tion of Shri Pukhraj Kalani void.4. It has been held in Virindar Kumar Satvawadi v. State of Punjab, AIR 1956 SC 153 that a Returning Officer while acting under Section 36 of the Representation of the People Act exercises a power which is ... violence or for causes beyond his control. The Returning Officer shall endorse on each nomination, paper his decision of accepting or rejecting the nomination paper and Sub-section (8) of Section 36 reads:'(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 a list of ... order passed by Court and an order passed by an officer acting judicially.........'13. In my opinion there is no reason to deny a Returning Officer the Power to correct accidental errors or slips or mistakes, before he finally publishes his list under Section 36(8) of the Representation of the People Act. To deny such inherent power to a Returning Officer may ... election of Shri Pukhraj Kalani should be set aside under Section 100(1)(c) of the Representation of the People Act. Respondent Pukhraj Kalani contests the position. He says that because the nomination paper of Shri Narain was eventually accepted the case is not attracted by Section 100(1)(c) of the Representation of the People Act. If the nomination paper was improperly accepted then ...

Oct 12 2007

Smt. P. Sharadamma and Anr. Vs. Sri Marithibbegowda

  • Decided on : 12-Oct-2007

Court : Karnataka

Reported in : ILR2007KAR5233; 2007(4)KCCRSN314.

... Representation of People Act 1951, requesting the Court to reject the above election petition as the same does not disclose a cause of action. In the affidavit filed in support of the said application he has reiterated what he has stated in the statement of objections filed to the election petition.2. The petitioners have preferred this Election Petition under Section 81 of the Representation of People Act, 1951 ... being followed even though several new educational institutions have come up as on day. The election which is held on the basis of the list prepared on 28.8.1962 will not be a valid election as it does not take within its fold several other educational institutions. The teachers engaged in all educational institutions which are ... thereto. Section 30 of the Act makes it clear that Civil Courts have no power to adjudicate upon any question, whether any person is or is not entitled to be registered in an electoral roll of a constituency or any action taken by the authority for revision of any such roll.33. The Representation of People Act, 1951 (Act No. 43 of 1951) was ... what he has stated in the statement of objections filed to the election petition.2. The petitioners have preferred this Election Petition under Section 81 of the Representation of People Act, 1951, (hereinafter for short referred to as 'the Act') for a declaration that the election of respondent Sri Marithibbegowda from Karnataka South Teachers Constituency of Karnataka State to the Karnataka Legislative ...

Nov 20 2003

Smt. D.K. Tharadevi Siddhartha Vs. Dr. Vijaya Mallya and Ors.

  • Decided on : 20-Nov-2003

Court : Karnataka

Reported in : AIR2004Kant177; ILR2004KAR277

... the 1st respondent has to be declared as void on the ground mentioned in Section 100(1)(a) and 100(d)(iv) of the Representation of Peoples Act, 1951 and Article 102 of the Constitution.Section 100(1) of the Representation of Peoples Act, 1951 reads as under:Section 100(1): Subject to the provisions of Sub-section(2), if the High Court is of the opinion (a) that on the date ... States from Karnataka held on 27.3.2002 is void under Section 100(1)(a) and Section 100(1)(d)(I) of the Representation of People Act, 1951?7. Whether the Election Petition is liable to be dismissed as it is not verified in the manner laid down under the Code of Civil Procedure, 1908?8. Whether the Election Petition is liable to be dismissed on the ... Representation of Peoples Act, 1951 and Article 102 of the Constitution.Section 100(1) of the Representation of Peoples Act, 1951 reads as under:Section 100(1): Subject to the provisions of Sub-section(2), if the High Court is of the opinion (a) that on the date of his election, returned candidate was not qualified or was disqualified to be chosen to fill the seat under the Constitution or this Act ... Representation of People Act, 1951?7. Whether the Election Petition is liable to be dismissed as it is not verified in the manner laid down under the Code of Civil Procedure, 1908?8. Whether the Election Petition is liable to be dismissed on the ground that the petitioner has not served a true copy of the Election Petition as required under Section 81 of the RP Act, 1951 ...

Mar 08 1968

R. Satyanarayana and Ors. Vs. Saidayya and Ors.

  • Decided on : 08-Mar-1968

Court : Andhra Pradesh

Reported in : AIR1969AP151

... Section 123(1)(b)(a) of the Representation of the People Act, 1951. The Election Petitioner ought to have joined the said Balaiah, the candidate, as respondent to the Election Petition under Section 82(b) of the Representation of the People Act 1951. The failure to implead the said candidate is fatal to the maintainability of the Election Petition. I submit that Section 86(1) of the Representation of the People Act ... 5(a) and 8 of the election petition) are allegations of corrupt practice against the said Balaish, a candidate, under Section 123(1)(b)(a) of the Representation of the People Act, 1951. The Election Petitioner ought to have joined the said Balaiah, the candidate, as respondent to the Election Petition under Section 82(b) of the Representation of the People Act 1951. The failure to ... Section 82 and is liable to be dismissed under Section 86(1) of the Representation of the People Act. 1951. I therefore pray that this Hon'ble Court may be pleased to dismiss the Election Petition No. 15/67 with costs under Section 86(1) of the Representation of the People Act.' 6. A counter has filed to this application by the election petitioner on 24-8 ... Then on 11-8-1967 the 1st respondent Saidiah filed Application No. 180 of 1967 under Section 86(1) of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act) praying that the High Court may be pleased to dismiss Election Petition No. 15 of 1967 for non-compliance with the provisions of Section 82 of Act. In the ...

Jul 13 1990

Ali Singhani Bhagwandas Madhav Singh Vs. Sri Rajiv Gandhi

  • Decided on : 13-Jul-1990

Court : Allahabad

Reported in : AIR1991All145

... Section 100 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) contains the grounds on which the election of a returned candidate can be questioned.6. In para 8 of the petition the petitioner has stated that the election of the respondent is liable to be declared void under Section 100(i)(b) and Section ... an application under Order VI, Rule 16, Order VII, Rule II andSection 151, Code of Civil Procedure read with Sections 86 and 87 of the Representation of the People Act, 1951 with the prayer that paras 8 to 21 of the election petition may be struck off and the election petition itself may be dismissed ... has stated that Section 8-A of the Representation of the People Act was liable to be declared ultra vires of the Constitution and that the respondent Sri Rajiv Gandhi was liable to be disqualified for a period of six years, according to the earlier law.63. Why Section 8-A of the Act is liable ... bringing the case within the clutches of Section 123(6) of the Act. The whole of para 20 of the election petition has, therefore, to be ignored.62. In para 21 of the petition the petitioner has stated that Section 8-A of the Representation of the People Act was liable to be declared ... manner on the ground that it does not disclose a cause of action as the petition fully complies with the requirement of Sec. 83 of the Representation of the People Act which deals with the contents of the petition and lays down that the petition shall contain a concise statement of ...

Jan 20 2006

Shrikant Vs. Vasantrao and Ors.

  • Decided on : 20-Jan-2006

Court : Supreme Court of India

Reported in : AIR2006SC918; 2006(2)ALT44(SC); (2006)108BOMLR320; JT2006(1)SC394; 2006(2)MhLj1; 2006(I)OLR(SC)393; 2006(1)SCALE344; (2006)2SCC682; 2006(1)LC357(SC)

... India or in the Act (that is Representation of the People Act, 1951). Clause (a) of Sub-section (1) of Section 2 of the Act provides that unless the context otherwise requires, each of the expressions defined in Section 2 or Sub-section (1) of Section 27, but not defined in the Act, shall have the same meaning as in that Act. Section 2(j) of the Representation of the People Act, 1950 defines 'State ... or under any law made by the Parliament. The Representation of the People Act, 1951, a law made by the Parliament, has introduced six disqualifications for a person being chosen as and for being Member of Legislative Assembly of Legislative Council of a State under Sections 8, 8A, 9, 9A, 10 and 10A of the Act.8. In Jyoti Basu v. Debi Ghosal : [1982]3SCR318 , this ... ' in Section 9A refers to and means the 'State Government'.15. The term 'State Government' is not defined either in the Constitution of India or in the Act (that is Representation of the People Act, 1951). Clause (a) of Sub-section (1) of Section 2 of the Act provides that unless the context otherwise requires, each of the expressions defined in Section 2 or Sub-section (1) of Section 27, ... V. Raveendran, J.1. This appeal under Section 116A of the Representation of the People Act, 1951 [for short the 'Act'] is by the returned candidate against the judgment dated 31.8.2004 passed by the learned single Judge of the Bombay High Court in Election Petition No. 1 of 2002 filed by the first respondent herein.2. Notice of Election ...

May 27 1901

Downes v. Bidwell

  • Decided on : 27-May-1901

Court : US Supreme Court

... word "incorporation," as if possessed of some occult meaning, but I take it that the act under consideration made Porto Rico, whatever its situation before, an organized territory of the United States. Being such, and the act undertaking to impose duties by virtue of clause 1 of section 8, how is it that the rule which qualifies the power does not apply to its ... some largely representative, others only partially so, until, at the present time, the people of the District live under a local government totally devoid of local representation, in the elective sense, administered solely by officers appointed by the President, Congress, in which the District has no representative in effect, acting as the local legislature. In some adjudged cases, the power to locally govern ... duties, imposts, and excises shall be uniform throughout the United States." Art. I, sec. 8. If Porto Rico be a part of the United States, the Foraker Act imposing duties upon its products is unconstitutional not only by reason of a violation of the uniformity clause, but because, by section 9, "vessels bound to or from one state" cannot "be obliged to enter, ... Porto Rico, by the ratification of the treaty with Spain, became incorporated into the Page 182 U. S. 288 United States, and therefore the act of Congress which imposed the duty in question is repugnant to Article 1, sec. 8, clause 1, of the Constitution, providing that "the Congress shall have power to lay and collect taxes, duties, imposts, and excises, to ...

Oct 03 1997

Phatik Chandra Ganguly and K.P. Singh Vs. Raghubar Das and Ors.

  • Decided on : 03-Oct-1997

Court : Patna

... has been defined under Section 123 of the Representation of the People Act, 1951. Proviso to Section 123(7) of the Act enumerates that any person in the service of the Government and belonging to any of the classes aforesaid in the discharge or purported discharge of his official duty, makes any arrangement or provides any facilities or does any other act or think, for, to ... the election petitioner.8. Respondent No. 1 Raghubar Das, the returned candidate has contested the election petition vigorously by filing written statement and recriminatory petition and contended, inter alia, that the election petition is liable to be dismissed for non-compliance of the mandatory provisions as contained in Sections 81, 82, and 83 of the Representation of the People Act, and that ... Petition is maintainable in its present form?(ii) Whether the Election Petition is barred due to non-compliance of Sections 81, 82, and 83 of the Representation of the People Act, 1951?(iii) Whether the incriminatory petition filed under Section 97 of the Act by the Respondent No. 1 is barred by limitation and as such fit to be rejected summarily?(iv) Whether ... been published.7. After receipt of summons, Respondent No. 1 contested the election petition by filing written statement and also filed recriminatory petition as contemplated under Section 97 of the Representation of the People Act, 1951. Respondent Nos. 4, 5, 6, 16, 19, 21, 29, 37, 38, 40, 43, 45, 48 and 50 also filed written statements in the case and ...

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