Skip to content

Filter by :

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

Mar 27 2000

Gurjant Singh Vs. Krishan Chander and Others

  • Decided on : 27-Mar-2000

Court : Rajasthan

Reported in : AIR2001Raj211; 2000(4)WLC266; 2000(2)WLN570

... has been made in para 22 also with respect to the proceedings that documents were not supplied as per the requirement of the provisions of Sec. 81 (3) of the Representation of People Act, 1951, and the earlier dispute which had been decided by this Court and ultimately went to the Hon'ble Supreme Court, actually do not ... may be allowed to file rejoinder.(6). In Shakoor & Ors. vs. Jaipur Development Authority & ors. (2), this Court considered the application of the provisions of Order 8 Rule 9 even in a case of miscellaneous application under Order 39 rule 1, C.P.C. and held that undoubtedly thecontingency of filing a ... the plaintiff to file a replication/rejoinder and the plaintiff cannot be deemed to have admitted the same simply because he had not filed the rejoinder.(8). In Rohan Lal Choudhary vs. Prem Prakash Gupta (4), the Patna High Court has taken the same view holding that the plaintiff is entitled to ... with an entirely new case or raise inconsistent pleas so as to alter his original cause of action.(11). In Ishwar Lal & Anr. vs. Ashok & Anr. (8), this Court held that rejoinder-affidavit can be filed only with leave of the court and it is a matter of judicial discretion vested in ... has been raised in the written statement, which requires reply and it cannot be filed as is permitted to be filed in writ jurisdiction.(4). Order 8 Rule 9 C.P.C. provides for subsequent pleadings, and reads as under:-'No pleading subsequent to the written statement of the defendant, other than ...

Aug 22 2006

Mohd. Akram Ansari Vs. The Chief Election Commissioner and Ors.

  • Decided on : 22-Aug-2006

Court : Delhi

Reported in : 133(2006)DLT135

... This Petition has been filed under Section 81 of the Representation of the People Act, 1951 ('RP Act' for brevity) assailing the election to the Legislative Assembly of Delhi of Respondent No. 4, namely Shri Haroon Yusuf. It is not in dispute that Shri ... Lekhi has also referred to K. Prabhakaran v. P. Jayarajan : AIR2005SC688 in which it has been enunciated that the question of disqualification under Section 8(1), (2) and (3) of the RP Act must be determined, keeping the dates of election and scrutiny of nominations in focus; subsequent events which have the effect of wiping ... the DWB could not be viewed as an 'Office of Profit' under Article 191 of the Constitution of India or Section 15 of the NCT Act and/or Section 101(a) of the RP Act. 5. The Petitioner has examined himself as a Witness. In his Examination-in-Chief he had stated that Shri Yusuf ... Respondent No. 4. In my opinion, this sub-section cannot be read in isolation. It adverts to coming into force of the entire Act, that is, the introduction of Section 31A to the principle Wakf Act. Once this situation is arrived at, the language of Section 31A viz. 'shall be deemed never to have been ... force on the date of its publication in the Official Gazette. 2. Insertion of new Section 31A.-- In the Wakf Act, 1995 (43 of 1995), in its application of the National Capital Territory of Delhi, after Section 31, the following section shall be inserted, namely:31A. Prevention of disqualification for membership of Legislative Assembly of ...

Oct 05 1999

Murlidhar Vs. State of Rajasthan and Ors.

  • Decided on : 05-Oct-1999

Court : Rajasthan

Reported in : AIR2000Raj170

... pass such an order under Section 8 of the Rajasthan Excise Act, 1950 (hereinafter called 'the Act, 1950') and the State Government is not competent to do so; the counting would take place on 6-10-99, therefore, there is no justification for declaring 5-10-99 also as-a dry day; Section 135-C of the Representation of People Act, 1951 (for short, 'the Act, 1951') provides for prohibition ... him, he will be deemed to be a licensee as provided in the Explanation of Section 36 of the Act, 1950. Petitioner cannot challenge the terms and conditions of the licence, nor writ jurisdiction can be resorted to alter, modify or varying the same. Section 135-C of the Act. 1951, undoubtedly, provides for prohibition on sale, transportation and distribution of liquor on the ... for declaring a particular day as dry day. The prohibition contemplated in Section 135-C of the Act, 1951 is the minimum and petitioner may not be permitted to urge that Authorities/State cannot put embargo on sale etc., for the dates of counting of votes. Explanation to Section 36 of the Act, 1950 provides that the holder of a licence also includes a ... to him and the submission made by the petitioner that only the Excise Commissioner is the Competent Authority to issue such direction, is preposterous for the reason that Section 8 of the Act, 1950 provides that the Excise Commissioner shall control the administration of Excise Department subject to the directions of the State Government. Thus, it is the State Government, which ...

May 12 2009

Md. Neyaz S/o Badru Hassan Vs. The State of Bihar and Ors.

  • Decided on : 12-May-2009

Court : Patna

... of Parliament and State Legislatures is conferred by the provision under Section 8(4) of the Representation of the People Act, 1951 and is not based on any moral or other ground. No such benefit is provided under the provisions of the Bihar Municipal Act, 2007 for the persons convicted and sentenced as laid down ... Representation of the People Act, 1951. It is submitted by learned Counsel that the present matter is squarely covered by a decision of the Division Bench of this Court in the Case of Shri Bhagwan Singh v. The State of Bihar and Ors. 2004(4) PLJR 482, in which the similar provision contained in the Bihar Panchayat Raj Act ... convicted of any offence enumerated in Sub-sections (1), (2) and (3) of Section 8 of the Act files an appeal within three months he continues to remain a Member of Parliament or Legislature of a Stale on the basis of protection afforded by Sub-section (4), but not on any moral ... Act are identical to the provisions of Section 18(1)(g) of the Bihar Municipal Act, 2007 and thus the same result will follow. For the said reasons, it is submitted by learned Counsel that the order of the State Election Commission is within the four corners of the law and not fit to be interfered with.8 ... Panchayat in terms of the provisions of Section 139(1)(g) of the Bihar Panchayat Raj Act, 1993. It is pointed out that the said provisions of 1993 Panchayat Raj Act are identical to the provisions of Section 18(1)(g) of the Bihar Municipal Act, 2007 and thus the same result will ...

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 ...

Sep 03 2007

Devabhai Parbatbhai Avadia and Ors. Vs. P.D. Waghela, Competent Author ...

  • Decided on : 03-Sep-2007

Court : Gujarat

Reported in : AIR2008Guj20; (2008)1GLR158

... Section 83(1)(c) of Representation of Peoples Act, 1951, which provides that any Schedule or Annexure to the petition shall be signed by the petitioner and verified in the same manner as the petition. The effect of non-compliance is rejection of the petition under the provisions of Section ... or authority within fifteen days from the date of such voting or abstention.Section 8 of the Act empowers the State Government to frame rules for carrying out the purposes of the Act by issuing notification in the official Gazette. In pursuance of the said provision ... Section 83(1)(c) of the Act of 1951. but the consequence of non-compliance of Section 83(1)(c) is not provided as dismissal under Section 86. However, in Dr. (Smt.) Shipra etc. v. Shantilal case, a decision reported in J.T. 1996 (5) SC 681, Apex Court held that Sections ... Section 86(1) which provides consequences of non-compliance of provision of Section 81 i.e. dismissal of the petition, Apex Court in numerous cases held that there is no option with the High Court but to dismiss petition. Though Rule 6(6) is analogous to Section 83(1)(c) of the Act of 1951. but the consequence of non-compliance of Section ... Section 81(3) of the Act of 1951, which provides that every election petition shall be accompanied by copies of the petition for respondents and shall be attested by the petitioner under his own signature to be true copy of petition and provision of Section 86(1) which provides consequences of non-compliance of provision of Section ...

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 ... any offence referred to in Sub-section (1) or Sub-section (2), or covered in Sub-section (3), of Section 8 and sentenced to imprisonment for one year or more. (2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under Sub-section (1) of Section 33, also deliver to him ... 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, ... section (3), of Section 8 and sentenced to imprisonment for one year or more. (2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under Sub-section (1) of Section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in Sub-section ...

May 10 1991

F.A. Sapa Etc., Etc., Vs. Singora and others

  • Decided on : 10-May-1991

Court : Supreme Court of India

Reported in : AIR1991SC1557; JT1991(2)SC503; 1991(1)SCALE939; (1991)3SCC375; [1991]2SCR752a; 1991(2)LC692(SC)

... the Representation of the People Rules, 1951; and(II) The copies of the Election petitions served on the petitioners herein (the respondents in the Election Petitions) not being true copies of the Election Petitions, the Election Petitions were not maintainable and were liable to be dismissed in limine in view of Section 81 read with Section 86 of the Representation of the People Act, 1951 ... or authorising of expenditure in contravention of Section 77(7) the obtaining or procuring of any assistance from any Government servant of the class specified and (8) booth capturing. Sections 8 and 8A lay down that any person convicted for practising any corrupt practice by an order made by the High Court under Section 99 shall be disqualified for a ... Representation of the People Act, 1951 (R.P. Act), and the Rules framed thereunder by the Gauhati High Court and (ii) whether Rule 1 and the other related rules and notes thereto enabling the filing of the Election Petition before the Stamp Reporter assigned to the election court by the learned Chief Justice were ultra vires Article 329 of the Constitution and Section 169 read with Sections ... preliminary issues raised by the learned Judge hearing the election petitions were (i) whether the election petitions were in conformity with the requirements of Sections 81 and 83 of the Representation of the People Act, 1951 (R.P. Act), and the Rules framed thereunder by the Gauhati High Court and (ii) whether Rule 1 and the other related rules and notes ...

Dec 08 2009

Laxmi Kant Bajpai Vs. Hazi Yaqoob and Ors.

  • Decided on : 08-Dec-2009

Court : Supreme Court of India

Reported in : JT2009(15)SC315; 2009(14)SCALE447; 2010(1)LC149(SC)

... Clause (d) of Sub-section (1) of Section 100 of the Representation of the People Act, 1951. A person enrolled in the electoral list by an authority empowered by law to prepare an electoral roll or to include a name therein is entitled to cast a vote unless disqualified under Sub-sections (2) to (5) of Section 62 of the Representation of the People Act, 1951. A person enrolled ... result of the election in so far as it concerns the returned candidate, and therefore, his election is liable to be declared void under Section 100(1)(d)(iii) and (iv) of Representation of the People Act, 1951.8. Contentions on behalf of respondent:The learned Counsel Shri Praveen Jain for the respondent submitted that the Election Petition is liable to be dismissed ... unless disqualified under Sub-sections (2) to (5) of Section 62 of the Representation of the People Act, 1951. A person enrolled in the electoral roll cannot be excluded from exercising his right to cast vote on the ground that he did not satisfy the eligibility requirement as laid down in Section 19 or 27(5) of the Representation of the People Act, 1950.21. The ... 1951 Act. Therefore, the respondents qualified to be chosen as candidates under Section 3 of the 1951 Act.44. In the case of Mohinder Singh Gill and anr. v. The Chief Election Commissioner, New Delhi and Ors. : (1978) 1 SCC 405, a Constitution Bench discussed the scope of Article 324 of the Constitution of India and Section 100(1)(d)(iii) of the Representation of Peoples Act, 1951 ...

Jan 23 1967

Surendrasinhaji Jorawarasinhji Jhala Vs. U.M. Bhatta and Ors.

  • Decided on : 23-Jan-1967

Court : Gujarat

Reported in : AIR1969Guj292

... the statute, Mr. S. K. Zaveri relied on Section 81 of the Representation of the People Act, 1951, for the purpose of showing that any elector can file an election petition contesting the validity of an election and urged that this provision clearly recognized the validity of the general principle enunciated by him. But this is futile, Section 81 far from supporting the proposition of ... his constitutional remedy under Articles 226 and 227.8. That takes us to the merits of the petition. Now the first question debated before us was whether the appeal preferred by the third respondent to the Chief Electoral Officer was maintainable. The contention of the petitioner was that under Section 24 of the Representation of the People Act, 1950, no appeal lay at the ... or connected with those stages are dealt with in the Representation of the People Act, 1951. The preparation of electoral rolls, is, therefore, clearly not a, stage in the process of election but is an anterior stage and the process of election commences only on the issue of a notification under the relevant Section of Part III and ends with the declaration of ... process as contemplated under Article 329(b)? The answer to the question depends on a consideration of the provisions of Articles 324 to 329 and the Representation of the People Act, 1950 and the Representation of the People Act, 1951, Articles 324 to 329 occur in Part XV headed 'elections' and Article 324 which is the first article in the group provides inter alia that ...

Get Latest cases on this phrase via RSS

RSS feed
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //