Representation of the People Act, 1951

Supreme Court Upholds Election: Kanimozhi Karunanidhi’s Election Not Voided (2023)

/ Ajay Rastogi, Bela M. Trivedi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Constitutional Law, Constitutional Law with Article 324, Election Petition, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 100, Representation of the People Act, 1951 with Section 83

Supreme Court Upholds Election: Kanimozhi Karunanidhi’s Election Not Voided (2023) LEGAL ISSUE: Whether an election can be declared void due to alleged non-disclosure of a spouse’s income tax details in the candidate’s affidavit. CASE TYPE: Election Law Case Name: Kanimozhi Karunanidhi vs. A. Santhana Kumar & Ors. [Judgment Date]: 04 May 2023 Date of the […]

Supreme Court Upholds Election: Kanimozhi Karunanidhi’s Election Not Voided (2023) Read Post »

Supreme Court Quashes Cheating and Forgery Charges Against Shiromani Akali Dal Leaders: Sukhbir Singh Badal vs. Balwant Singh Khera (2023)

/ C.T. Ravikumar, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 415, Indian Penal Code, 1860 with Section 463, Judges, M.R. Shah, Offences Relating to Documents, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 29-A

Supreme Court Quashes Cheating and Forgery Charges Against Shiromani Akali Dal Leaders: Sukhbir Singh Badal vs. Balwant Singh Khera (2023) LEGAL ISSUE: Whether the leaders of Shiromani Akali Dal (Badal) committed cheating and forgery by submitting a false declaration of secularism to the Election Commission of India while registering the party. CASE TYPE: Criminal Case

Supreme Court Quashes Cheating and Forgery Charges Against Shiromani Akali Dal Leaders: Sukhbir Singh Badal vs. Balwant Singh Khera (2023) Read Post »

Supreme Court quashes forgery and cheating charges against Shiromani Akali Dal leaders: Sukhbir Singh Badal vs. Balwant Singh Khera (2023)

/ C.T. Ravikumar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 202, Code of Criminal Procedure, 1973 with Section 315, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indian Penal Code, 1860 with Section 465, Judges, M.R. Shah, Offences Relating to Documents and Property Marks, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 29-A

Supreme Court quashes forgery and cheating charges against Shiromani Akali Dal leaders: Sukhbir Singh Badal vs. Balwant Singh Khera (2023) LEGAL ISSUE: Whether the leaders of Shiromani Akali Dal (SAD) committed forgery and cheating by submitting a false declaration of secularism to the Election Commission of India (ECI). CASE TYPE: Criminal Law Case Name: Shri

Supreme Court quashes forgery and cheating charges against Shiromani Akali Dal leaders: Sukhbir Singh Badal vs. Balwant Singh Khera (2023) Read Post »

Supreme Court Upholds Open Ballot System for Rajya Sabha Elections: Lok Prahari vs. Union of India (27 March 2023)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 80, Dhananjaya Y Chandrachud, Fundamental Rights, J B Pardiwala, Judges, Pamidighantam Sri Narasimha, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 123, Representation of the People Act, 1951 with Section 33, Representation of the People Act, 1951 with Section 59

Supreme Court Upholds Open Ballot System for Rajya Sabha Elections: Lok Prahari vs. Union of India (2023) LEGAL ISSUE: Whether the open ballot system for Rajya Sabha elections and the requirement for independent candidates to have ten proposers are constitutionally valid. CASE TYPE: Constitutional Law, Election Law Case Name: Lok Prahari vs. Union of India

Supreme Court Upholds Open Ballot System for Rajya Sabha Elections: Lok Prahari vs. Union of India (27 March 2023) Read Post »

Supreme Court Upholds the Validity of Contesting from Two Seats in Elections: Ashwini Kumar Upadhyay vs. Union of India (2023)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 19, Dhananjaya Y Chandrachud, Fundamental Rights, J B Pardiwala, Judges, Pamidighantam Sri Narasimha, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 33(7)

Supreme Court Upholds the Validity of Contesting from Two Seats in Elections Date of the Judgment: February 2, 2023 Citation: (2023) INSC 75 Judges: Dr Dhananjaya Y Chandrachud, CJI, Pamidighantam Sri Narasimha J, and J B Pardiwala J. The judgment was authored by Dr Dhananjaya Y Chandrachud, CJI. Can a candidate contest from multiple constituencies

Supreme Court Upholds the Validity of Contesting from Two Seats in Elections: Ashwini Kumar Upadhyay vs. Union of India (2023) Read Post »

Supreme Court Allows Amendment to Election Petition: Yendapalli Srinivasulu Reddy vs. Vemireddy Pattabhirami Reddy (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI Rule 17, Dinesh Maheshwari, J.K. Maheshwari, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 100, Representation of the People Act, 1951 with Section 33A, Representation of the People Act, 1951 with Section 86

Supreme Court Allows Amendment to Election Petition: Yendapalli Srinivasulu Reddy vs. Vemireddy Pattabhirami Reddy (2022) LEGAL ISSUE: Whether an election petition can be amended to include a new ground of challenge related to non-disclosure of criminal antecedents, when the original petition alleged improper acceptance of nomination. CASE TYPE: Election Law. Case Name: Yendapalli Srinivasulu Reddy

Supreme Court Allows Amendment to Election Petition: Yendapalli Srinivasulu Reddy vs. Vemireddy Pattabhirami Reddy (2022) Read Post »

Supreme Court Sets Aside Order for Lack of Reasons in Election Petition: K. Madan Mohan Rao vs. Bheemrao Baswanthrao Patil & Ors. (26 September 2022)

/ Bela M. Trivedi, Code of Civil Procedure, 1908, Dinesh Maheshwari, Judges, Order VII Rule 11, Code of Civil Procedure, 1908, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 86(7), Section 116A, Representation of the People Act, 1951

Supreme Court Sets Aside Order for Lack of Reasons in Election Petition: K. Madan Mohan Rao vs. Bheemrao Baswanthrao Patil & Ors. (2022) LEGAL ISSUE: Whether an order of the High Court can be set aside if it is not supported by a reasoned judgment, particularly in the context of an election petition. CASE TYPE:

Supreme Court Sets Aside Order for Lack of Reasons in Election Petition: K. Madan Mohan Rao vs. Bheemrao Baswanthrao Patil & Ors. (26 September 2022) Read Post »

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 243ZA(1), Constitutional Law with Article 324, Corrupt Practices, Election Law, Election Law with Section 123(2) of Representation of the People Act, 1951, Indira Banerjee, Judges, Uday Umesh Lalit

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections LEGAL ISSUE: Whether non-disclosure of assets by a candidate in municipal elections constitutes a corrupt practice leading to disqualification. CASE TYPE: Election Law Case Name: S. Rukmini Madegowda vs. The State Election Commission & Ors. Judgment Date: 14 September 2022 Date of the Judgment:

Supreme Court Upholds Disqualification for False Asset Declaration in Municipal Elections: S. Rukmini Madegowda vs. State Election Commission (2022) Read Post »

Supreme Court allows a defective affidavit to be cured in election petition: A. Manju vs. Prajwal Rev Anna (2021)

/ Affidavit, Corrupt Practices, Election Law, Election Petition, Judges, M.M. Sundresh, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 123, Representation of the People Act, 1951 with Section 81, Representation of the People Act, 1951 with Section 83, Sanjay Kishan Kaul

Supreme Court allows a defective affidavit to be cured in election petition: A. Manju vs. Prajwal Rev Anna (2021) Date of the Judgment: December 13, 2021 Citation: (2021) INSC 723 Judges: Sanjay Kishan Kaul, J. and M.M. Sundresh, J. Can an election petition be dismissed simply because the petitioner did not submit an affidavit in

Supreme Court allows a defective affidavit to be cured in election petition: A. Manju vs. Prajwal Rev Anna (2021) Read Post »

Supreme Court Refuses to Stay Electoral Bond Scheme: Association for Democratic Reforms vs. Union of India (26 March 2021)

/ A. S. Bopanna, Companies Act, 2013, Companies Act, 2013 with Section 128, Companies Act, 2013 with Section 129, Companies Act, 2013 with Section 182, Constitutional Law, Electoral Bond Scheme, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 29C, Reserve Bank of India Act, 1934, Reserve Bank of India Act, 1934 with Section 31, S. A. Bobde, V. Ramasubramanian

Supreme Court Refuses to Stay Electoral Bond Scheme: Association for Democratic Reforms vs. Union of India (2021) LEGAL ISSUE: Whether the Electoral Bond Scheme, 2018 should be stayed. CASE TYPE: Public Interest Litigation, Constitutional Law Case Name: Association for Democratic Reforms & Anr. vs. Union of India & Ors. [Judgment Date]: 26 March 2021 Date

Supreme Court Refuses to Stay Electoral Bond Scheme: Association for Democratic Reforms vs. Union of India (26 March 2021) Read Post »

Supreme Court Upholds Vote Cast Before Disqualification: Pradeep Kumar Sonthalia vs. Dhiraj Prasad Sahu (2020)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 191, Disqualification of Legislators, Disqualification of Members, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 8(3), S.A. Bobde, V. Ramasubramanian

Supreme Court Upholds Vote Cast Before Disqualification: Pradeep Kumar Sonthalia vs. Dhiraj Prasad Sahu (2020) LEGAL ISSUE: Whether a vote cast by a Member of the Legislative Assembly (MLA) before being disqualified on the same day is valid. CASE TYPE: Election Law Case Name: Pradeep Kumar Sonthalia vs. Dhiraj Prasad Sahu @ Dhiraj Sahu &

Supreme Court Upholds Vote Cast Before Disqualification: Pradeep Kumar Sonthalia vs. Dhiraj Prasad Sahu (2020) Read Post »

Supreme Court clarifies the effect of suspended sentences on disqualification under Section 8(3) of the Representation of the People Act, 1951: Saritha S. Nair vs. Hibi Eden (9 December 2020)

/ A.S. Bopanna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI, Rule 15, Disqualification of Members of Parliament, Election Petitions, Indian Constitution, Indian Constitution with Article 102(1)(e), Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 8(3), Representation of the People Act, 1951 with Section 86, S.A. Bobde, V. Ramasubramanian, Verification of Pleadings

Supreme Court Clarifies Disqualification of Candidates Under Section 8(3) of the Representation of the People Act, 1951 Date of the Judgment: 9 December 2020 Citation: 2020 INSC 914 Judges: S.A. Bobde, CJI, A.S. Bopanna, J., V. Ramasubramanian, J. Can a candidate, convicted of a crime and sentenced to imprisonment for more than two years, contest

Supreme Court clarifies the effect of suspended sentences on disqualification under Section 8(3) of the Representation of the People Act, 1951: Saritha S. Nair vs. Hibi Eden (9 December 2020) Read Post »

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