Allahabad HC upholds validity of Representation of People’s Act 2013 Amendment allowing Jailed persons to contest Election [Read Order]
8 years, 11 months ago

Allahabad HC upholds validity of Representation of People’s Act 2013 Amendment allowing Jailed persons to contest Election [Read Order]

Live Law  

Allahabad High Court has upheld the validity of 2013 amendment to Representation of People Act. A writ petition by LOK PRAHARI, which had sought a declaration that the Representation of the People Act, 2013 is ultra vires and unconstitutional, got dismissed by a division bench comprising of the Chief Justice Dr D Y Chandrachud and Justice Rajan Roy.In order. In Jan Chaukidar case, the Supreme Court had upheld the Patna High Court view that a person who has no right to vote by virtue of the provisions of sub-section of Section 62 of the 1951 Act is not an elector and is therefore not qualified to contest the election to the House of the People or the Legislative Assembly of a State. The proviso inserted by 2013 amendment reads “Provided further that by reason of the prohibition to vote under this sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector.” The contention of the petitioner was that by and as a result of the amending law, the basis of the decision of the Supreme Court in Jan Chaukidar has not been taken away.

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History of this topic

Allahabad HCBA To Abstain From Judicial Work Today In Protest Against Non-Appointment Of HC Judges, Proposed Amendments To Advocates Act
1 month, 1 week ago

Allahabad HCBA To Abstain From Judicial Work Today In Protest Against Non-Appointment Of HC Judges, Proposed Amendments To Advocates Act

Live Law  

The Allahabad High Court Bar Association, in its executive meeting held on Wednesday, passed a resolution to abstain from Judicial work today to protest against the dwindling number of judges and the Draft Advocates Bill 2025. As per the association's press release, the meeting discussed that despite the sanctioned strength of 160 judges, the High Court is working with less …

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him
3 months, 2 weeks ago

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him

Live Law  

The Supreme Court today set aside Allahabad High Court's imposition of Rs.1 lakh cost on Advocate Mehmood Pracha over a petition filed by him concerning videography during the electoral process. Personal remarks made against the counsel in the impugned High Court order were also expunged.A bench of Justices Surya Kant and Manmohan passed the order, upon Election Commission of India …

Petition against SC action on HCA elections to be heard in High Court
2 years, 1 month ago

Petition against SC action on HCA elections to be heard in High Court

Deccan Chronicle  

Hyderabad: Former HCA presidents Shivlal Yadav and Arshad Ayub and former secretary G. Vinod on Tuesday filed a petition in the High Court challenging a letter issued by Vanka Pratap, member of the Supreme Court-appointed Supervisory Committee, dated December 16. It had declared as invalid a resolution by HCA members at a meeting on December 11 appointing V. Sampath Kumar, …

Allahabad High Court Weekly Round-Up: December 12 To December 18, 2022
2 years, 3 months ago

Allahabad High Court Weekly Round-Up: December 12 To December 18, 2022

Live Law  

NOMINAL INDEX Bal Kumar Patel Alias Raj Kumar v. State of U.P. 2022 LiveLaw 532 ORDERS/JUDGMENTS OF THE WEEK Allahabad High Court Denies Anticipatory Bail To Former MP & Brother Of Slain Dacoit 'Dadua' In A Cheating Case Case title - Bal Kumar Patel Alias Raj Kumar v. State of U.P. Allahabad High Court Denies Bail To 2 Alleged PFI …

"Political Activists Have A Right To Protest Against Administration": Allahabad HC Quashes Case Against UP Minister
2 years, 3 months ago

"Political Activists Have A Right To Protest Against Administration": Allahabad HC Quashes Case Against UP Minister

Live Law  

"In a democracy based on adult franchise, the political activist and other public-spirited persons would have right of protest against the Administration by staging Dharana etc. against perceived discrimination/atrocities, inaction, omission or commission of the State Authorities," the Allahabad High Court observed as it quashed a 2013 criminal case filed against the sitting minister in. against perceived discrimination/atrocities, inaction, omission …

Supreme Court Weekly Round Up : August 8- August 14, 2022
2 years, 7 months ago

Supreme Court Weekly Round Up : August 8- August 14, 2022

Live Law  

Supreme Court Judgments Section 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case: Supreme Court Case details: Varsha Garg vs State of Madhya Pradesh 2022 LiveLaw 662 | CrA 1021 of 2022 The Supreme Court observed that an application under Section 311 CrPC cannot be dismissed merely …

Tej Bahadur Yadav Neither An Elector Nor A Candidate In Varanasi; No Locus To Challenge PM's Election: Supreme Court
4 years, 4 months ago

Tej Bahadur Yadav Neither An Elector Nor A Candidate In Varanasi; No Locus To Challenge PM's Election: Supreme Court

Live Law  

The Supreme Court on Tuesday dismissed the petition filed by Ex- BSF Jawan, Tej Bahadur Yadav, challenging the election of Prime Minister Narendra Modi from Varanasi constituency in the 2019 Lok Sabha elections. The judgement was rendered in a Special Leave Petition challenging the Allahabad High Court's dismissal of Bahadur's election petition in December 2019 on the ground of lack …

Allahabad High Court Issues Notice On Habeas Corpus Petition Against Custody Of 3 Persons Arrested With Siddique Kappan On Way To Hathras
4 years, 4 months ago

Allahabad High Court Issues Notice On Habeas Corpus Petition Against Custody Of 3 Persons Arrested With Siddique Kappan On Way To Hathras

Live Law  

The Allahabad High Court on Wednesday issued notices on a Habeas Corpus petition filed by 3 alleged PFI Members, arrested by the Deputy Superintendent of Police while they were going to Hathras to meet family of the deceased gang-rape victim and later remanded to judicial custody by CJM Mathura. The Plea also contends, "The Chief Judicial Magistrate, Mathura, vide its …

SC Adjourns Hearing On Plea Challenging PM Narendra Modi's Election From Varanasi
4 years, 10 months ago

SC Adjourns Hearing On Plea Challenging PM Narendra Modi's Election From Varanasi

Live Law  

The Supreme Court has adjourned the hearing of the plea challenging the election of Prime Minister Narendra Modi from Varanasi in the 2019 General Elections. A Supreme Court Bench comprising of Chief Justice of India SA Bobde, Justices AS Bopanna and Hrishikesh Roy adjourned the matter by a period of 2 weeks after receiving the adjournment letter circulated by Yadav …

Allahabad HC Quashes Criminal Proceedings Against Abdullah Azam Khan Alleging Promoting Enmity Between Classes During Elections [Read Order]
5 years, 1 month ago

Allahabad HC Quashes Criminal Proceedings Against Abdullah Azam Khan Alleging Promoting Enmity Between Classes During Elections [Read Order]

Live Law  

The Allahabad High Court on Thursday quashed the charge sheet and consequential proceedings initiated against Abdullah Azam Khan for making false statements during elections and attempting to promote enmity between religious groups. Khan was being investigated under Sections 171-G IPC and 125 Representation of People Act. Since offence under Sections 171-G IPC and 125 Representation of People Act are non-cognizable …

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]
6 years, 5 months ago

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]

Live Law  

Full Court of the Allahabad High Court on Wednesday upheld the constitutional validity of Section 14A of the Scheduled Castes/Scheduled Tribes Amendment Act, 2015, which makes provision for an appeal from an order granting or refusing bail, even though such order is an interlocutory order, notwithstanding anything contained in sub­section of Section. Full Court of the Allahabad High Court on …

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]
6 years, 5 months ago

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]

Live Law  

Full Court of the Allahabad High Court on Wednesday upheld the constitutional validity of Section 14A of the Scheduled Castes/Scheduled Tribes Amendment Act, 2015, which makes provision for an appeal from an order granting or refusing bail, even though such order is an interlocutory order, notwithstanding anything contained in sub­section of Section. Full Court of the Allahabad High Court on …

Landmark Judgment On Electoral Reforms [Lok Prahari Vs UOI]- An Explainer
7 years, 1 month ago

Landmark Judgment On Electoral Reforms [Lok Prahari Vs UOI]- An Explainer

Live Law  

"If assets of a LEGISLATOR or his/her ASSOCIATES increase without bearing any relationship to their known sources of income, the only logical inference that can be drawn is that there is some abuse of the LEGISLATOR’s Constitutional Office", said the Bench.The Supreme Court bench of Justice J Chelameswar and Justice Abdul Nazeer on Friday pronounced judgment in a writ petition …

Landmark Judgment On Electoral Reforms [Lok Prahari Vs UOI]- An Explainer
7 years, 1 month ago

Landmark Judgment On Electoral Reforms [Lok Prahari Vs UOI]- An Explainer

Live Law  

"If assets of a LEGISLATOR or his/her ASSOCIATES increase without bearing any relationship to their known sources of income, the only logical inference that can be drawn is that there is some abuse of the LEGISLATOR’s Constitutional Office", said the Bench.The Supreme Court bench of Justice J Chelameswar and Justice Abdul Nazeer on Friday pronounced judgment in a writ petition …

Allahabad HC Disposes Of Plea Against Mayawati For Wooing Voters On Religious Lines [Read Order]
8 years, 2 months ago

Allahabad HC Disposes Of Plea Against Mayawati For Wooing Voters On Religious Lines [Read Order]

Live Law  

The Allahabad High Court has disposed of a writ petition against BSP president Mayawati filed by BJP leader Neeraj Kumar Saxena, wherein he had alleged that Mayawati openly sought votes to a public at large, amounting to wooing the electorate, based on a religious appeal.Neeraj Saxena contended that any poll campaigning or public speaking that amounts to wooing the voters …

Allahabad HC Disposes Of Plea Against Mayawati For Wooing Voters On Religious Lines [Read Order]
8 years, 2 months ago

Allahabad HC Disposes Of Plea Against Mayawati For Wooing Voters On Religious Lines [Read Order]

Live Law  

The Allahabad High Court has disposed of a writ petition against BSP president Mayawati filed by BJP leader Neeraj Kumar Saxena, wherein he had alleged that Mayawati openly sought votes to a public at large, amounting to wooing the electorate, based on a religious appeal.Neeraj Saxena contended that any poll campaigning or public speaking that amounts to wooing the voters …

Allahabad HC upholds Modi's election from Varanasi in 2014
8 years, 3 months ago

Allahabad HC upholds Modi's election from Varanasi in 2014

Deccan Chronicle  

Allahabad: Upholding Prime Minister Narendra Modi's election from Varanasi Lok Sabha constituency, the Allahabad High Court on Wednesday dismissed a petition by his Congress opponent challenging it. Passing the order, Justice Vikram Nath also rapped petitioner Ajay Rai, Congress MLA and the party's candidate from Varanasi in the 2014 Lok Sabha polls, for approaching the court with an election petition …

Allahabad HC upholds validity of Representation of People’s Act 2013 Amendment allowing Jailed persons to contest Election [Read Order]
8 years, 11 months ago

Allahabad HC upholds validity of Representation of People’s Act 2013 Amendment allowing Jailed persons to contest Election [Read Order]

Live Law  

Allahabad High Court has upheld the validity of 2013 amendment to Representation of People Act. A writ petition by LOK PRAHARI, which had sought a declaration that the Representation of the People Act, 2013 is ultra vires and unconstitutional, got dismissed by a division bench comprising of the Chief Justice Dr D Y Chandrachud and Justice Rajan Roy.In order. In …

Institutional Competence and Institutional Integrity, must for Constitutional Posts : Allahabad HC [Read Judgment]
9 years, 5 months ago

Institutional Competence and Institutional Integrity, must for Constitutional Posts : Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has held the appointment of UPPCS Chairman Anil Yadav for being ultra vires of the Constitution of India.Hearing the PIL, Dr. D.Y. gave a tongue lashing to the State Government for subverting the Constitutional Requirement of Article 316 of the Indian Constitution and overlooking the requirement of Competency and Integrity for a Constitutional. gave a tongue …

Institutional Competence and Institutional Integrity, must for Constitutional Posts : Allahabad HC [Read Judgment]
9 years, 5 months ago

Institutional Competence and Institutional Integrity, must for Constitutional Posts : Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has held the appointment of UPPCS Chairman Anil Yadav for being ultra vires of the Constitution of India.Hearing the PIL, Dr. D.Y. gave a tongue lashing to the State Government for subverting the Constitutional Requirement of Article 316 of the Indian Constitution and overlooking the requirement of Competency and Integrity for a Constitutional. gave a tongue …

Supreme Court dismisses challenge to amendment to Representation of People Act which allows jailed politicians to contest elections
10 years, 3 months ago

Supreme Court dismisses challenge to amendment to Representation of People Act which allows jailed politicians to contest elections

Live Law  

An Apex Court Bench headed by Chief Justice H.L. Dattu on Friday, dismissed a petition filed against Delhi High Court’s order in February which upheld the Constitutional validity of an amendment to the Representation of People Act that allowed people jailed before conviction to contest elections.The Delhi High Court had reasoned, “Extending curtailment of the right to vote of a …

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