Court : Delhi
..... the apex court was as to whether the appellant, whose conviction had been stayed by the high court in an appeal filed by him, was disqualified under sections 8(1) & (3) of the representation of people act, 1951. clarifying that an order granting stay of conviction is not the rule but is an exception to be resorted to in rare cases depending upon the facts of ..... non-existent, it only renders it non-operative. it was held that on account of the conviction of the appellant having been suspended, he was not disqualified in terms of sections 8(1) & (3) of the representation of people act, 1951. therefore, this judgement is not relevant for the purpose of deciding whether the conviction of the appellant is stayed or not ..... .8. in rama narang (supra), the appellant had been conviction for the offence since punishable under section 120b read with section 420 and 114 of ipc. the issue before the apex court in the aforesaid case was as ..... which the appellant had brought with him.2. vide impugned judgement dated 3.7.2013, the appellant was convicted under section 7 read with section 12 of the prevention of corruption act, 1988 (for short the pc act?) and vide order on sentence dated 8.7.2009, was sentenced to undergo ri for two (2) years and to pay fine of rs.50,000/- or .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(1)ALD80; 2004(2)ALT196
..... jayalalitha's case (supra), a submission was made that sub-section (4) of section 8 of the representation of peoples act, 1951 requires reading down so as to apply the same to a non-legislator and to render the same constitutionally valid. section 8(4) of the representation of peoples act, 1951 lays down that the disqualification under section 8(3) thereof shall in the case of elected member of ..... parliament or legislature of a state, shall not take into effect until a final court has confirmed the conviction and sentence. the submission was rejected by a constitution bench. it is apposite to refer to the observations made by the supreme court:section 8 ..... (4) opens with the words 'notwithstanding anything in sub-section (1), sub-section (2) or sub-section (3)', and it applies only to sitting members of legislatures. there is no challenge to it on the basis that ..... teacher education (guidelines for b.ed., through correspondence for regular serving teachers) regulations, 1996 (for short, the regulations) framed by ncte under section 32(2) read with section 12 of the ncte act and also the brochure issued by ncte, new delhi, which contains the information to all the educational institutions offering b.ed., degree course through .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2008)151PLR689
..... of suspension of the order under appeal. it was observed that where a person seeking to contest elections to legislative assembly or parliament, having incurred disqualification under section 8(3) of the representation of people act, 1951 due to order of conviction of an offence and sentence passed against him by the trial court, prefers an appeal thereagainst and the appellate court only suspends the ..... order of the trial court and grants him bait, would not amount to temporarily wiping out the conviction so as to remove the disqualification. the provisions of section 175(1 ..... returning officer cannot be held to be illegal or ignored merely because the conviction is set aside or so altered as to go out of the ambit of section 8(3) of the representation of people act consequent upon a decision of a subsequent date in a criminal appeal or revision. it was observed that the factum of pendency of an appeal against conviction ..... . in k. prabhakaran v. p. jayarajan : air2005sc688 a five judges bench of the hon'ble supreme court held that the question of disqualification under sections 8 (1), (2) and (3) of the representation of people act will have to be determined on the date of scrutiny of the nomination and a subsequent event which has the effect of wiping out the disqualification has .....Tag this Judgment!
Court : Madhya Pradesh
..... laid down by hon'ble supreme court, in the absence of suspension/stay of conviction, the applicant will suffer a disqualification as envisaged under section 8(3) of the representation of people act, 1951. if the applicant is disqualified, he would suffer irreparable loss. his entire political career is on stake. thus, it would be equitable ..... order dated 1.2.2010. the applicant is an ex-mla. he was a dedicated public servant and he has served the assembly and the people of assembly with utmost dedication to his duty. he has also filed public interest litigations in constitutional courts with a view to subserve public good ..... ankur shrivastava for appellants. shri yadvendra dwivedi, pl for state. heard on i.a.no.9533/2013, which is an application under section 389(1) read with section 482 of the cr.p.c.for stay of conviction of appellant no.1 kishore samrite/ applicant. the applicant has been convicted by ..... opinion, there is a strong case against the applicant for the offence punishable under sections 435/149, 332/149, 427/149, 147 of the ipc and section 3(1)(x) of the scheduled caste & scheduled tribe (prevention of atrocities) act. thus, the case of the applicant does not come in the category of rare ..... the trial court under sections 435/149, 332/149, 427/149, 147 of the ipc and section 3(1)(x) of the scheduled caste & scheduled tribe (prevention of atrocities) act and sentenced to r.i.for 5 years and fine of rs.10,000/-, .....Tag this Judgment!
Court : Orissa
..... that during pendency of the election case before the high court, the president of india in exercise of the power under sub- section (3) of section 8-a of the representation of people act, 1951, issued a notification on 3.7.1990 which was published in the gazette of india on 9.7.1990 disqualifying the respondent no ..... . in view of the above analysis of facts, this court finds that the learned election tribunal was correct in exercising his powers under section 38 of the act by declaring the petitioner as the elected sarpanch of chahapara grama panchayat on the g round that holding a fresh election will amount to ..... the present writ petition.3. mr. mishra, learned counsel for the petitioner submitted that the learned appellate court mis-interpreting the provision in section 40 of the act has committed an error in concluding that there should be a fresh election to fill up the vacancy of the office of sarpanch and ..... only contesting candidate against the opp. party no. 1, she is declared elected as sarpanch of the said grama panchayat in view of section 38 (2) (b) of the act.2. a civil suit was filed by the petitioner for a declaration that priyanka priyadarshini is the daughter of opp. party no. 1 ..... no. 1, who was declared elected was disqualified to contest the election to the office of sarpanch under the provisions contemplated in section 25 (i) (v) of the orissa grama panchayat act, 1964. it was alleged that the opp. party no. 1 has more than two children born after the cut-off date .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2007(3)Raj2227
..... election commission. the said pro forma was required to be filled up to ascertain as to whether the candidate had been convicted or not for any offence mentioned in section 8 of the representation of people act, 1951. he submitted only a blank pro forma. he has also furnished a declaration in the prescribed form for nomination paper that the candidate was qualified and not disqualified ..... seek requisite information from the candidate or their respective agents and which has not at all sufficient to scrutiny, the nomination papers from the inquiry of section 8 of the act of 1951 clause a of section (2) of section 32 provides that for scrutiny of the nomination papers to see whether he is disqualified for being chosen to fill the seat or not, amongst others ..... returning officer for holding proper scrutiny of the nomination paper was rendered nugatory and no scrutiny of the nomination paper could be made under section 36(2) of the act of 1994 in light of section 8 of the act of 1951 which results in defect rendered of for substantial character in the nomination and the returning officer then has right in rejecting the same.at ..... to elicit such information by providing him a pro forma, eliciting necessary information about disqualification of a person to be a candidate in the election, in terms of section 8 of the act of 1951. the court further held that if the candidate fails to furnish such information and also remains absent at the time of scrutiny of the nomination papers he is presumed .....Tag this Judgment!
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!