Ratnabhai Kajabhai Patel vs State Of Gujarat on 27 August, 2002
In case of Kanaiyalal Omar versus R.K. Trivedi reported in 1985 (4) SCC 628, the apex court has made the following observations at page 628:
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Kanhiyalal Omar vs R.K. Trivedi & Ors on 24 September, 1985
Bidesh Singh vs Madhu Singh And Ors. on 31 August, 2004
(c) in course of campaign in the said election the relatives and associates of the election petitioner were found campaigning with arms and ammunition and Pariki P.S. Case No. 6 of 2000 corresponding to G.R. Case No. 136 of 2000 was instituted under the provisions of the Arms Act against Bihari Singh and others and a stolen jeep and country made pistol and cartridges were recovered;
Telugu Desam Party vs Election Commission Of India And Others on 8 September, 1999
25. The learned Counsel for the respondents further argued by referring to Kanhiyalal v. R.K. Trivedi, , P. Natta Thampy v. Union of India, and Election Commission of India v. Shivaji, , that the Election Commission has jurisdiction in exercise of powers under Article 324 to issue instructions where statute is silent. There is no dispute with the proposition of law. But as observed hereinbefore, the statute is not silent either on expenditure or on electronic media or issuance of publication, etc. Reference may be made to Section 126 of the Representation of Peoples Act, 1951 as amended in 3996 and Section 77 of the Representation of Peoples Act read with Conduct of Election Rules, 1961 which have already taken care of the expenditure as well as the campaigning on the electronic media relating to election matters.
Umabai W/O Uttamji Dangore vs State Of Maharashtra And Ors. on 22 September, 2006
19. The petitioner has relied upon the communication of the State Election Commissioner dated 13-12-2001. However, the said communication does not make reference to Section 10-A(4) of the Municipal Council Act, at all. Even if it is presumed that it is issued with reference to that power, in view of the judgment of the Hon'ble Apex Court reported at A.C. Jose v. Sivan Pillai and Ors. (paragraph No. 25); Kanhaiyalal Omar v. R.K. Trivedi and Ors. and Union of India v. Association of Democratic Reforms and Ors.(paragraph No. 56). It is apparent that such communication cannot be read as amending the provisions of the Municipal Council Act. In any case the said letter only speaks of participation by directly elected President, while electing nominated Members or Members on Sub-Committees. It does not speak of any voting right of such President in election of Vice President, with which I am concerned. The parties have not addressed this Court about the validity or otherwise of the said communication dated 13-12-2001 and hence 1 do not find it necessary to comment more on it, in this judgment.
Kannada Nadu Party vs The Election Commission Of India And ... on 29 March, 2004
11. The constitutional validity of the Symbols Order once again came up for consideration before the Apex Court in the case of Kanhiyalal Omar v. R.K. Trivedi, . The Apex Court while upholding the constitutional validity of the Symbols Order was pleased to state that even if any part of Symbols Order could not be traced to Rule 5 and Rule 10 of the 1961 Rules, it can be easily traced to the reservoir of power under Article 324(1) of the Constitution which empowers the Commission to issue all directions necessary for the purpose of conducting smooth, free and fair elections.
Md. Danish Farooqui vs Election Commission Of India & Ors on 22 April, 2026
In Kanhiyalal Omar (supra), the Apex Court
opined that the general power of
superintendence and control of ECI under
Article 324 of the Constitution is subject to
other law. Thus, in our prima facie view the
police observer in the office of Chief Election
Officer, West Bengal has erred in issuing
blanket direction by treating certain citizens as
'trouble-makers'. Hence, as an interim
measure, we deem it proper to stay the effect
and operation of the impugned order dated
21.04.2026 (Annexure - P/1) till the last day of
June, 2026 or till further order whichever is
earlier.
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