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

Apr 29 2005

Shant Kumar Jaiswal Vs. Nand Kumar Patel and Ors.

  • Decided on : 29-Apr-2005

Court : Chhattisgarh

Reported in : AIR2006Chh18; 2006(1)MPHT45

... the ground of corrupt practices as mentioned in Paragraphs No. 8 and 11 and stated that said practices comes within the meaning of Section 123 (4) and (5) of the Representation of the People Act, 1951(hereinafter shall be referred as 'Act of 1951'). Paragraph No. 8 of election petition which relates to publication of pamphlets is reproduced herein below:-8. That, the respondent No. 1 not duly complied the ... that is clear from the documents. Thereafter, the petitioner sent the representation to the Chief Election Officer, Indian Election Commission but no one have taken any action on the complaint of the petitioner. In support of election petition and affidavit has been filed as per requirement of proviso to Section 83(1) and also as per Form 25 prescribed under Rule 94 ... under Section 123(5) of the Act of 1951 that one Sukdeo - agent of respondent No. 1 brought the voters by TATA SUMO. But to utter surprise about this corrupt practice there is no whisper in the affidavit filed by the petitioner in support of the election petition, as such there is no compliance of proviso to Section 83(1) of the Act of 1951.11 ... fair name and image of the petitioner and scathing allegation against the personal character of the petitioner. Paragraph No. 11, which is regarding corrupt practices as envisaged under Section 123(5) of the Act of 1951, reads like this :-11. That, the petitioner also made a complaint on dated 1-12-2002, alleging that agents of the respondent No. 1 namely Sukhdeo s ...

Aug 13 1958

Chunnilal Ken Vs. Shyamlal Sukhram and Ors.

  • Decided on : 13-Aug-1958

Court : Madhya Pradesh

Reported in : AIR1959MP50; 1959CriLJ199

... for the time being, subject to its appellate jurisdiction'.8. Section 116A of the Representation of the People Act (XLIII of 1951) provides for appeal from an order made by an Election Tribunal. In Clause 2 of Section 116A of the above Act, it is laid down that 'the High Court, shall, subject to the provisions of this Act, have the same powers, jurisdiction and authority ... Courts Act, are used in a wide sense so as to indicate any Court over which the High Court has superintendence ........ and all courts, for the time being, subject to its appellate jurisdiction'.8. Section 116A of the Representation of the People Act (XLIII of 1951) provides for appeal from an order made by an Election Tribunal. In Clause 2 of Section 116A of the above Act ... Punjab, (S) AIR 1956 SC 153, their Lordships while considering whether proceedings under Section 36 of the Representation of the People Act were before a Court or not, observed :'While the proceedings before the Election Tribunal approximate in all essential matters to proceedings in Civil Courts, the proceedings under Section 36 present a different picture.'Their Lordships seem to regard an Election ... to the provisions of this Act, have the same powers, jurisdiction and authority and follow the same procedure with respect to an appeal under the Chapter as if the appeal were an appeal from an original decree passed by a Civil Court situated within the local limits of its civil appellate jurisdiction.'This section does not only constitute the ...

Nov 19 1985

Laxmi Narayan Nayak Vs. Ramratan Chaturvedi and Ors.

  • Decided on : 19-Nov-1985

Court : Madhya Pradesh

Reported in : AIR1986MP165; 1986MPLJ261

... Section 116A of the Representation of the People Act, 1951 can abrogate the right of appeal available under Clause 10 of the Letters Patent only to the extent Section 116A covers the field and no more. Section 116A of the Representation of the People Act provides for an appeal against every order made by a High Court in an election petition under Section 98 or Section ... is against an interlocutory order dated 28-8-1985 passed by Gupta, J. in a pending election petition. The appellant's contention is that the impugned order amounts to a 'judgment' and is, therefore, appealable under Clause 10 of the Letters Patent notwithstanding Section 116A of the Representation of the People Act, 1951, providing for an appeal to the ... the Representation of the People Act, as well.49. Further, the Amending Act No. 47 of 1966 introduced radical changes in the Representation of the People Act, 1951 by incorporating various new provisions, but for deciding the issue in hand, only a few provisions of the Act are necessary to be referred to i.e. Section 79(a) which defines 'High Court' and Section ... Representation of the People Act, 1951 and therefore, the procedure provided by the Act has the binding force of a constitutional prescribed procedure and hence in no manner whatsoever, it could be by-passed and therefore according to Article 329(b) of the Constitution, an election dispute can only be resolved by an election petition under Section 80A of the Act and appeal under Section 116A of the Act ...

Jul 06 2007

Amit Kumar Vs. Sudesh Kumar Mahto

  • Decided on : 06-Jul-2007

Court : Jharkhand

Reported in : 2008(56)BLJR732; [2007(4)JCR68(Jhr)]

... The present petition filed under the provisions under the Representation of People Act, 1951 (hereinafter referred to as the 'Act') provided for presentation of such petition under Section 81 of the Act how an Election Petition may be presented on one or more of the counts. Section 82 provides who are to be joined as respondent. Section 83 of the Act requires contents of the petition which is as ... issues Nos. 5, 6 and 8 as preliminary issues. Since, we are concerned in the instant case only with regard to preliminary issues, they may be reproduced. 5. Whether the Election Petition does not disclose any cause of action? 6. Whether the petition lacks in material facts and particulars, as contemplated under Section 83 of the Representation of People Act?8. Whether the petitioner is ... Section 83 of Representation of People Act, 1951 vide para 14, 33 and 35.11.The said Civil Appeal No. 6618 of 1997 was preferred by the appellant who has been defeated in the election and his election petition was also dismissed by the High Court that the appellant failed to make out a case of corrupt practices under Section 123 Sub-section 3(a) of the Act ... of Section 82, 83 and 100 of the Act at length, and held that an Election Petition must contain of concise statement of material facts on which the petitioner relies.However in para 34, 35, 36 of the judgment Their Lordships did not appreciate the reasonings adopted and conclusions arrived at by the High Court regarding the facts asserted in para 8 ...

Nov 01 1971

Subodh Kr. Beuria Vs. Bhairab Ch. Mohanty

  • Decided on : 01-Nov-1971

Court : Orissa

Reported in : AIR1972Ori169

... Section 66 of the Representation of the People Act, 1951 (hereinafter to be referred to as the Act). The election petition was filed in this Court on 23-4-71 within the period as prescribed under Section 81(1) of the Act. The respondent filed his written statement on 9-8-71. Issues were settled on 23-8-71.3. By the application filed by the petitioner on 8 ... 8-10-71.2. The petitioner Subodh Kumar Beuria claiming to be an elector in the Cuttack City Assembly constituency filed the election petition challenging the election of the respondent. The result of the election was declared on 10-3-71 under Section 66 of the Representation of the People Act, 1951 (hereinafter to be referred to as the Act ... Act and the rules made thereunder. In dealing with the question of exercise of powers by the Court under Order 6, Rule 17 or Order 1, Rule 10, C. P. C., in the latter decision, it is observed:'The Civil Procedure Code applies subject to the provisions of the Representation of the People Act ... Section 83(3) of the old Act which was replaced as Sub-section (5) of Section 90 of the Amending Act of 1956 and embodied as Section 86 (5) of the 1966 Act are identical in terms, except that in the place of the word 'tribunal' the words 'High Court have been substituted. The scope and interpretation of Section 83(3) or the original Act ...

Feb 08 1965

Madhu Singh Mukh Ram Vs. Ram Saran Chand Mittal and Ors.

  • Decided on : 08-Feb-1965

Court : Punjab and Haryana

Reported in : AIR1966P& H66

... .N. Grover, J.1. This is an appeal against an order of Election Tribunal (1) Chandigarh dismissing an election petition filed under Section 81 of the Representation of the People Act, 1951 (hereinafter called the Act) which had been instituted by the appellant (Shri Madho Singh) challenging the election of respondent No. 1 (Shri Ram Saran Chand Mital) to the Punjab Vidhan Sabha from ... of votes which were counted for the respondent No. 1 in consequence of recount if allowed, under issue No. 6 ?8. Are the allegations of corrupt practices mentioned in petition covered by the provisions of Section 123(7) of the Representation of the People Act ?9. To what relief, if any, the petitioner is entitled?The findings of the Tribunal on these issues may ... on this issue.Issue No. 8--In view of my finding that no corrupt practice was committed on behalf of the respondent it is not necessary to go into the question whether the allegation of corrupt practice mentioned in the petition were covered by the provisions of Section 123(7) of the Representation of the People Act.All these issues are decided against ... effect to the mandatory provisions of the Act. Section 120 provides that costs including pleaders' fees shall be in the discretion of the Tribunal. A proviso has, however, been added by the Representation of the People (Amendment) Act, 40 of 1961 in the following terms:--'Provided that where a petition is dismissed under clause (a) of Section 98, the returned candidate shall be entitled ...

Jan 21 1999

Anil R. Deshmukh Vs. Onkar N. Wagh & Ors.

  • Decided on : 21-Jan-1999

Court : Supreme Court of India

Reported in : AIR1999SC732; 1999(1)ALLMR(SC)664; JT1999(1)SC135; 1999(1)SCALE103; (1999)2SCC205; [1999]1SCR188; 1999(1)LC326(SC)

... required by Section 81(3). The first respondent filed a separate application for dismissing the election petition for non-compliance with Section 81(3) of the Act.4. Issues 8 and 9 based on the said objections were as follows:Issue No. 8Whether the affidavit filed by the petitioner under provisions of the Proviso to Section 83(1) of the Representation of People Act, 1951 read with ... allegations of certain corrupt practices as against the first respondent. An affidavit was filed along with the petition as required by the proviso to Section 83(1)(c) of the Representation of the People Act (for short, the Act). The affidavit was attested and the endorsement of attestation contained the particulars as required by law,3. When the copies of the petition, ... 8. Section 86(1) of the Act provides that the High Court shall dismiss an election petition which does not comply with the provisions of Sections 81, 82 or 117, Section 81 deals with the presentation of petitions. It is not the case of the respondent that there is any defect in presentation of the election petition as prescribed by Sub-section (1) of Section ... Act provides that the High Court shall dismiss an election petition which does not comply with the provisions of Sections 81, 82 or 117, Section 81 deals with the presentation of petitions. It is not the case of the respondent that there is any defect in presentation of the election petition as prescribed by Sub-section (1) of Section 81. Their contention is that Sub-section ...

Sep 20 1966

Meghraj Kothari Vs. Delimitation Commission and Ors.

  • Decided on : 20-Sep-1966

Court : Supreme Court of India

Reported in : AIR1967SC669; [1967]1SCR400

... section of an Act of the Parliament of the Dominion of Canada. 19. Counsel for the appellant also drew our attention to the judgment of this Court inSangram Sing v. Election Tribunal, Kotah, Bhurey Lal Baya. : [1955]2SCR1 There the Court had to consider the effect of s. 105 of the Representation of the People Act, 1951 (Act XLIII of 1951 ... was to be treated as law on the subject. 40. In the instant case the provision of s. 10(4) of the Act puts orders under Sections 8 and 9 as published under s. 10(1) in the same street as a law made by Parliament itself which, as ... Baya. : [1955]2SCR1 There the Court had to consider the effect of s. 105 of the Representation of the People Act, 1951 (Act XLIII of 1951) which provided that 'every order of the Tribunal made under this Act shall be final and conclusive'. The contention there put forward was that this provision put ... Representation of the People Act, 1951 which was passed by the Parliament under Art. 327 of the Constitution to make detailed provision in regard to all matters and all stages connected with elections to the various Legislatures in the country. It was there argued that since the Representation of the People Act ... relating to such representation and delimitation contained in the Representation of the People Act, 1950, and the Delimitation of Parliamentary and Assembly Constituencies Order, 1961. 12. It will be noted from the above that it was the intention of the legislature that every order under Sections 8 and 9 after ...

Feb 14 2002

Michael B. Fernandes vs. C.K. Jaffer Sharief and Ors.

  • Decided on : 14-Feb-2002

Court : Supreme Court of India

Reported in : AIR2002SC1041; JT2002(2)SC87; 2002(2)SCALE157; (2002)3SCC521; [2002]1SCR1053

... Rules and respondents 7 and 8 had not acted in accordance with the guidelines issued by the Election Commission of India. The relevant paragraphs of the election petition pertaining to the infraction of Rules committed by respondents 7 and 8 are paragraphs 20a, 20d, 20f, 25 and 28. The Representation of the People Act, 1951 [hereinafter referred to as 'the Act'] is an Act, providing for the Conduct ... the Chief Electoral Officer of the State of Karnataka had been arrayed as respondents 6, 7 and 8. Those respondents filed an application before the High Court of Karnataka for their deletion inter alia on the ground that under Section 82 of the Representation of the People Act, it has been clearly indicated that who should be the parties to an election petition and ... inter alia on the ground that under Section 82 of the Representation of the People Act, it has been clearly indicated that who should be the parties to an election petition and since they have been unnecessarily impleaded, they should be deleted. The High Court by the impugned judgment having deleted the said respondents 6, 7 and 8 from the array of parties, the ... seem to point to an interpretation of the provisions of the Representation of the People Act which does not permit the joining, as parties, of persons other than those mentioned in Sections 82 and 86(4). The Court also in paragraph (12) considered the consequences if persons other than those mentioned in Section 82 are permitted to be added as parties and held ...

Oct 30 1984

Bhag Mal Vs. Ch. Parbhu Ram and Ors.

  • Decided on : 30-Oct-1984

Court : Supreme Court of India

Reported in : AIR1985SC150; 1984(2)SCALE702; (1985)1SCC61; [1985]1SCR1099; 1985(17)LC537(SC)

... in this appeal under Section 116 of the Representation of People Act, 1951, hereinafter called the 'Act'. Is that the correct position in law or should it be so? This conclusion is sought to be established in view of the terms of Section 100 and Section 101 of the Act and in the absence of any recrimination petition under Section 97 of the Act by the elected ... Returning Officer in his recounting. If these 8 votes are taken into account it will be clear that the appellant would still have a majority of 4 votes over respondent. But the appellant had not filed any recrimination application under Section 97(1) of the Representation of People Act, 1951 (hereinafter referred to as 'the Act'). Therefore, it was contended before the High ... filed any recrimination application under Section 97(1) of the Representation of People Act, 1951 (hereinafter referred to as 'the Act'). Therefore, it was contended before the High Court on behalf of respondent 1 that the rejected votes of the appellant, the returned candidate, cannot be scrutinised and that the appellant cannot have the benefit of the 8 ballot papers found to ... 8 more votes respectively in addition to the votes already counted in their favour by the Returning Officer in his recounting. If these 8 votes are taken into account it will be clear that the appellant would still have a majority of 4 votes over respondent. But the appellant had not filed any recrimination application under Section 97(1) of the Representation of People Act, 1951 ...

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