Representation of the Peoples Act, 1951, Section 123(3), 123(5) -- Corrupt practices - Election to Lok Sabha - Applicant a candidate belonging to Catholic community - A statement and a calendar offered by a well known leader of catholic containing appeal on religious grounds to Christians/Catholics to vote for appellant for benefit of large interest of Christians..........
Representation of the Peoples Act, 1951, Section 83, 100, 123 -- Election petition - Challenging election of returned candidate - Ground of corrupt practice - Election petition lacking material facts and thereby not disclosing any cause of action - Petition dismissed...........
Representation of the Peoples Act, 1951, Section 81(1) -- Election petition challenging election to State Assembly - Petition filed by Advocate and not by the petitioner personally - Held, petitioner has to present the petition personally so as to curtain vexatious litigation...........
Representation of the Peoples Act, 1951, Section 81(1) -- Election to State Assembly - Limitation to challenge election is 45 days u/s 81(1) - Held, delay in filing the petition cannot be condoned - Representative of People Act does not admit of the provisions of law contained in Limitation Act...........
Limitation Act, 1963, Section 5 -- Election to State Assembly - Limitation to challenge election is 45 days u/s 81(1) - Held, delay in filing the petition cannot be condoned - Representative of People Act does not admit of the provisions of law contained in Limitation Act...........
Representation of the Peoples Act, 1951, Section 62(b)(5), 94, Conduct of Election Rules, 1961, Rule 94A -- Secrecy of ballot - Voter cannot be forced by any authority to disclose the name of candidate to whom he has voted - Privilege is conferred on Voter u/s 94 of Act of 1951 to protect him both in Court when he is cited as witness and outside Court, when he may be..........
Representation of the Peoples Act, 1951, Section 62(4) -- Purity of election and secrecy of ballot - Election to State Assembly - Petitioner defeated by 21 votes - Petitioner filed election petition seeking direction for opening of sealed marked electoral rolls for inspection of witnesses on ground that number of votes has been cast by may of impersonation - Request..........
Punjab State Election Commission Act, 1994, Section 76 -- Sarpanch from SC quota - Post of Sarpanch meant for both SC Male and Female - Returning Officer gave an impression that only SC male has a right to contest the election and not SC female - Election Tribunal set aside the election - Appeal against - Dismissed...........
Criminal Procedure Code, 1973, Section 389, Arms Act, 1959, Section 3, 7 r, w, 25(1A), 25(1B), Representation of the Peoples Act, 1951, Section 8(3) -- Bail during pendency of appeal - Conviction u/ss 3, 7 r/w S.25(1A) and 25(1B) of Arms Act - Suspension of sentence so that it is not a bar u/s 8(3) of the Representation of People Act - Petitioner not a habitual criminal..........
Constitution of India, 1950, Article 243T, Punjab Municipal Act, 1911, Section 8(1)(b) -- Election to Municipal Council - Challenge against reservation of wards for Backward Classes third time in succession - It was contended that wards are required to be reserved for BC by way of rotation in terms of Article 243-T - Held, contention not tenable - Article 243-T deals with..........
