Court : Supreme Court of India
Reported in : AIR2002SC3393; JT2002(7)SC507; 2002(3)KLT521(SC); (2003)1MLJ69(SC); 2002(7)SCALE196; (2002)8SCC79; SUPP3SCR1
..... order1. this appeal under section 116a of the representation of the people act, 1951 (rpa, 1951 - for short) deserves to be placed for hearing before a constitution bench for the reasons stated hereunder.2. no. 14 kuthuparamba legislature assembly constituency went to polls on 10th may, ..... event which may happenduring the pendency of an election petition is, in our humble opinion,open to question.7. the other controversy centers around the interpretation of sub-section (3)of section 8 of the rpa, 1951. according to theappellant, the several sentences passed on a person on his beingconvicted may be individually less than two years each but in view ofthe court having ..... forbeing chosen as, and for being a member of the legislative assemblyif he is so disqualified by or under any law made by the parliament.the relevant part of section 8 of rpa, 1951 provides that a personconvicted of any offence and sentenced to imprisonment for not lessthan two years shall be disqualified from the date of such convictionand shall continue to be ..... bethe total term of imprisonment, if the individual term of substantiveimprisonment in respect of any one out of the several offences foundproved is not two years or more, sub-section (3) of section 8 of rpais not attracted, is the submission on behalf of respondent. reliancehas been placed on a decision by the election petitions commission,up in bashir ahmed v. aphtar hussain .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1973Raj138; 1972()WLN798
..... 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 result in such a waste of time, energy and money for the participants in an election and ..... 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 judicial in character. the presumption of truth attaches to what the returning officer has said in his order which i have translated ..... to analyse what had happened in the case before me. shri narain was disqualified for 3 years under section 10a of the representation of the people act by the election commission of india. the disqualification had expired on 14-1-1971. he submitted his nomination paper on 8-2-1972 on which date he had no disqualification. the returning officer due to inadvertence failed to ..... stated are these: he presented his nomination paper dated 8-2-1972 (document no. 1). on 9-2-1972 the returning officer (respondent no. 4) scrutinised it and made the endorsements which may be translated verbatim in the interest of exactitude.'i have scrutinised this nomination paper under section 36 of the representation of the people act and i make the following decision. the candidate .....Tag this Judgment!
Court : Chennai
Reported in : (1958)1MLJ139
..... papers held all the 10 nominations to be in order. he accordingly prepared a list of validly nominated candidates as required by section 36(8) of the representation of the people act, 1951, as amended in 1956(which we shall hereafter refer to as the act) showing all these ten as candidates, whose nominations had been found valid, and affixed this list to his notice board. under ..... section 37 of the act any candidate might withdraw his candidature before three o'clock in the afternoon of the day fixed for such ..... may be provided for by or under any law by the appropriate legislature.the ' law made ' in this regard is contained in the representation of the people act, 1951 as amended from time to time. section 80 of the act enacts:80. election petitions.--no election shall be called in question except by an election petition presented in accordance with the provisions of this part ..... which he was asked to show cause) to allow engagement of counsel for showing cause the petitioner is obliged to send this explanation by registered post under section 82 of the representation of the people act. the petitioner will have to implead all the contesting candidates only if the petitioner wants a declaration that he himself or any other candidate has been duly .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1954SC202; (1954)IMLJ489(SC); 1SCR913
..... held that as the proposers and seconders referred to above were admittedly government servants that constituted a major corrupt practice and so invalidated the election under section 123(8) of the representation of the people act, 1951 (no. xliii of 1951). the other of the two decided issues does not concern this appeal. 6. the appellant thereupon petitioned the high court for a writ of ..... under our special jurisdiction under article 136. 8. the only sections we are called upon to consider are sections 33(2) and 123(8). the former provided 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, 1950 (xliii of 1950) may subscribe ..... to procure their assistance for the furtherance of the candidate's prospects in other ways than by vote, then section 123(8) is attracted, for in that case, the plan, and its fulfillment, must be viewed as a connected whole and the acts of proposing or seconding which are innocent in themselves cannot be separated from the rest. 15. our conclusion ..... seconding a candidate's nomination. 12. now, does section 123(8) contain express provision to the contrary or can such provision be inferred by necessary implication ? it is usual, when one section of an act takes away what another confers, to use a non-obstacle clause and say that 'notwithstanding anything contained in section so and so, this or that will happen', otherwise .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1968SC1064; 2SCR812
..... 'one can be said to be so nominated only when, after scrutiny of the nomination papers, the returning officer finds him to be validly nominated, as provided under section 36(8) of the representation of the people act, 1951.' with respect, the high court proceeded on a wrong basis. the form of oath does not say 'having been validly nominated' but only 'having been nominated.' 19 ..... sikri, j.1. this is an appeal under s. 116a of the representation of the people act, 1951 - hereinafter referred to as the act - from the judgment of the high court of judicature at patna dismissing election petition no. 8 of 1967 filed by the appellant pashupati nath singh hereinafter referred to as the petitioner. in order to appreciate the point arising before us it is necessary ..... nomination paper give a certificate issued in the prescribed manner by the election commission to the effect that he has not been dismissed for corruption or disloyalty to the state. 8. section 35 deals with the notice of nominations and the time and place for their scrutiny. the returning officer has to inform the person or persons delivering the nomination paper of ..... ? the answer to this question mainly depends on the interpretation of s. 36(2) of the act. it will, however, be necessary to refer to some other sections of the act in order to fully appreciate the effect of the words used in that section. section 32 of the act provides for nomination of candidates for election thus : 'any person may be nominated as a candidate .....Tag this Judgment!
Court : Supreme Court of India
..... commission of india where the author is heading the political party in exercise of power vested inter-alia under article 324 of the constitution read with sections 29a(5), 123(3) of the representation of the people act, 1951 and section 16a of the election symbols (reservation and allotment) order, 1968; j. issue appropriate writ, order, decree in the nature of mandamus directing the union of ..... provisions dealing with the subject which are referred to as under: |sl.no.|statute |provisions | |1. |indian penal code, 1860 |sections 124a, 153a,| | | |153b, 295-a, 298, | | | |505(1), 505(2) | |2. |the representation of people act, |sections 8, 123 | | |1951 |(3a), 125 | |3. |information technology act, 2000 &|sections 66a, 69, | | |information technology |69a | | |(intermediaries guidelines) rules,|rule 3(2)(b), rule | | |2011 |3(2)(i) | |4. |code of ..... criminal procedure, 1973 |sections 95, 107, | | | |144, 151, 160 | |5. |unlawful activities (prevention) |sections 2(f), 10, | | |act, 1967 |11, 12 | |6. |protection of civil rights act, |section 7 | | |1955 | | |7. |religious .....Tag this Judgment!
Court : Chennai
Reported in : AIR1958Mad343; (1958)1MLJ367
..... be capable of being taken into account in a mere interpretation of the constitution.46. in this connection we cannot omit from considerations the provisions contained in sections 7 and 8 of the representation of the people act, 1951, as a parliamentary exposition or commentary on the meaning of the expression 'office of profit' under the union or state in article 191 and which are designed ..... to supplement the disqualifications contained in the constitution. the provisions in section 7 which we have in mind is sub-clause (e):7. a person shall be disqualified for ..... for declaring the election of narayanaswami naidu and jayaraj to be void on the ground that his own nomination had been improperly rejected. section 100(1) of the representation of the people act enacts:(1) subject to the provisions of sub-section (2) if the tribunal is of opinion.(c) that any nomination has been improperly rejected....shall declare the election of the returned candidate ..... p. rajagopalan, o.c.j.1. the civil miscellaneous appeal has been preferred to this court under section 116-a of the representation of the people act from the order of the election tribunal, nagapattinam, in election petition no. 178 of 1957 before it.2. the election in question was to the mayuram constituency of the madras .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1974MP1; 1973MPLJ819
..... 20 (mad) where it has been held that the village munsif who is employed in a state does not cease to be an employee within the meaning of section 123(8) of the representation of the people act, 1951, when he was on leave without pay and was not actually performing his duties. it is apparent that the point for consideration in that case was entirely ..... of the people act, 1951, in n. p. ponnuswami v. returning officer, namakkal, air 1952 sc 64. they emphasized that the right to vote or stand as a candidate for election is ..... . the provision made in clause 50 does not contain any negative provision as is to be found in section 80 of the representation of the people act or in article 329(b) of the constitution or in section 357 (1) of the m. p. gram pancha-yats act. article 329 of the constitution begins with the opening words 'notwithstanding anything in this constitution' and their lordships ..... of the supreme court held that these words were sufficient to exclude jurisdiction of the high court under arts. 226 & 227 to deal with any matter which may arise while the election was in progress. their lordships also interpreted section 80 of the representation .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (1998)8SCC564
..... . the first respondent was the successful candidate. his election was challenged by the appellant on the ground of corrupt practices covered by sections 123(4) and (8) of the representation of the people act, 1951 (hereinafter called 'the act'). sub-section (4) of section 123 refers to the publication by a candidate or his agent or by any other person with the consent of the candidate or ..... his election agent of a false statement concerning a candidate which is known to be false. sub-section (8) of section 123 refers to booth-capturing. ..... candidature. they were not impleaded as respondents to the election petition. the high court, basing itself upon the provisions of section 82 of the act, came to the conclusion that the election petition was not maintainable and dismissed it.3. section 82 reads thus:'82. parties to the petition.--a petitioner shall join as respondent to his petition--(a) where the ..... 's name should be deleted. the high court dismissed the election petition. this court held that section 86 of the act was a peremptory provision. it required dismissal of an election petition if there was non-compliance with the requirements of section 82. section 82 made it incumbent that a candidate against whom a charge of corrupt practice was made should .....Tag this Judgment!
Court : Jharkhand
Reported in : 2001(49)BLJR1602
..... election petition can be summarily dismissed if it does not furnish the cause of action in exercise of the power under the civil procedure code. the relevant provisions of section 83(1) of the representation of the people act, 1951 read as follows :'83. contents of petition--(1) an election petition- (a) shall contain a concise statement of the material facts on which the petitioner relies; (b ..... the original and copy of the election petition supplied to the respondent no. 1 as well as there is no concise statement of material facts as required under section 8 of the r.p. act. there is also absence of endorsement of notrary public/oath commissioner on the copy of the affidavit accompanying the election petition. the allegation as made in the election ..... to be pleaded is a question which depends on the nature of the charge levelled, the ground relied upon, and in the light of the special circumstances of the case.8. in the case of vijay laxmi sadho v. jagdish, (reported in 2001 air sc 223), it has further been reiterated that an election petition is liable to be dismissed in ..... the peoples act have been followed and there is no infirmity in the election petition. the preliminary objection is absolutely misconceived, which is fit to be dismissed. the counsel for the petitioner also relied upon the cases reported in 1999 (8) scc page 198 and 1999 (3) scc 737.6. the petitioner filed this election petition on the main ground that the counting .....Tag this Judgment!