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1 - 10 of 28 (2.95 seconds)Section 53 in The Representation of the People Act, 1951 [Entire Act]
Section 123 in The Representation of the People Act, 1951 [Entire Act]
The Maharashtra Village Panchayats Act, 1959
Section 53 in The Maharashtra Village Panchayats Act, 1959 [Entire Act]
The Representation of the People Act, 1951
Abhiram Singh vs C.D. Commachen (Dead) By Lrs.& Ors on 2 January, 2017
―Abhiram Singh v. C.D. Commachen (D) By Lrs. and
others is a recent Constitution Bench judgment of this
Court dealing with corrupt practices. Appeal on the
grounds of religion, race, caste, community, language,
etc. of the candidates and the electorate, and canvassing
votes accordingly, has been held to be a corrupt practice.
The Court, to hold so, adopted a purposive interpretative
process declaring that the Representation of the People
Act, 1951 should be interpreted in that context to be
electorate centric rather than candidate centric. That is
not the situation in the present case. The appellants were
elected by the people to the Panchayat. There is no case
that they are original encroachers on the public property.
Sankar Dastidar vs Shrimati Banjula Dastidar & Anr on 5 December, 2006
In this context, the Court, placing reliance on Sankar Dastidar v.
Banjula Dastidar14, held that the suit was not barred by limitation and,
ultimately, did not find any substance in the appeal and dismissed the
same with costs and directed the appellant to remove the unauthorized
encroachment within sixty days from the date of the judgment. The
two-Judge Bench, while distinguishing the said decision, opined that it
did not relate to interpretation of a statute pertaining to disqualification.
Frankly speaking, the said judgment has nothing to do with
interpretation.